Trump's Birthright Citizenship Ending Order Stuck in Courts: What to Expect Next

On March 11, 2025, a federal court in California issued a ruling blocking the enforcement of President Donald Trump's executive order that sought to revoke birthright citizenship for the children of illegal immigrants. The court ruled that the order violated the 14th Amendment to the U.S. Constitution and Supreme Court decisions, writes Associated Press.

Photo: American Court © Oguz Eren | Dreamstime.com

The decision was further confirmation that citizenship by birth is protected by law and cannot be revoked by presidential decree. The judge cited United States v. Wong Kim Ark (1898), in which the Supreme Court explicitly ruled that any child born on U.S. soil, regardless of the citizenship of the parents, becomes a citizen of the United States. Recent court decisions have relied on that precedent.

For example, a California district court judge ruled that Trump's order was invalid because the president cannot rewrite the Constitution. A New York court ruled similarly, emphasizing that such issues can only be addressed through constitutional amendments or laws passed by Congress.

On the subject: Trump Threatens to End Birthright Citizenship: Can He Do It?

At least six lawsuits have been filed in the U.S. so far against Trump's order to end birthright citizenship, some of which have been consolidated. Judges have already blocked Trump's order in six cases, which are still pending. Two cases have yet to rule on the request to block the order, and one case has been stayed.

Trump has repeatedly said he intends to end the practice of granting birthright citizenship to the children of illegal immigrants. In his executive order, he argued that the 14th Amendment should not apply to such children because their parents are not under the “full jurisdiction” of the United States.

This argument was rejected by the courts, because the language of the 14th Amendment clearly states that U.S. citizens are “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” The Supreme Court had already clarified in United States v. Wong Kim Ark that the exclusion could only apply to the children of diplomats and enemy soldiers during an occupation, but not to the children of immigrants, even those in the country illegally.

Let us recall: the court's decision of March 11 was not the first verdict against Trump's order. Previously, other courts issued similar rulings. The New York court recognized that changing the principle of citizenship requires amendments to the Constitution, not a presidential decree. The court in Washington (District of Columbia) emphasized that the 14th Amendment was adopted after the Civil War specifically to protect the citizenship of everyone born in the United States, including former slaves and their descendants.

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In addition, court decisions cited Plyler v. Doe (1982), in which the Supreme Court affirmed that even children of illegal immigrants have certain constitutional rights.

Trump supporters will likely appeal the ruling to the Supreme Court. However, given current case law, the likelihood of changing the birthright principle remains extremely low.

The issue remains a major part of the immigration debate in the United States. While courts have upheld that the 14th Amendment guarantees citizenship to all those born in the country, Republicans continue to seek ways to redefine the provision.

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