Judge Blocks Trump's Executive Order Ending Birthright Citizenship, Citing Constitutionality

A federal judge has temporarily blocked President Trump's executive order to end birthright citizenship, citing its unconstitutionality. The order sought to deny citizenship to children born in the U.S. to non-citizen parents, and it faces legal challenges from states and civil rights groups.

Linsey Cooper

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Linsey Cooper

Published 

Jan 25, 2025

Judge Blocks Trump's Executive Order Ending Birthright Citizenship, Citing Constitutionality

A federal judge has issued a temporary injunction against President Donald Trump's executive order intended to terminate birthright citizenship, labeling it as "blatantly unconstitutional." The contentious proposal aimed to revoke automatic citizenship for children born in the United States to undocumented or temporarily residing parents.

Birthright citizenship, established by the 14th Amendment of the U.S. Constitution, ensures that anyone born on American soil is granted citizenship. Ratified following the Civil War, the amendment overturned the Dred Scott decision, which had refused citizenship to enslaved individuals and their descendants.

The blocked order was set to take effect 30 days after signing and has already ignited legal challenges from nearly two dozen states and civil rights organizations, including the ACLU. “This executive order undermines the rule of law,” stated New Jersey Attorney General Matthew Platkin.

Local immigration attorney Thomas Esparza voiced concerns regarding the potential effects on immigrant families, cautioning that it might limit access to passports and federal benefits for the children impacted. He also emphasized the growing anxiety within immigrant communities.

Altering the Constitution to remove birthright citizenship necessitates the consent of two-thirds of Congress and three-fourths of the states—a procedure significantly more intricate than an executive order.

Given the ongoing lawsuits, it is probable that the issue will escalate to the Supreme Court. Esparza encourages immigrant families to stay composed, develop contingency plans, and obtain legal advice. “This order isn’t in effect yet, but it’s already instilling fear and confusion,” he remarked.

The judge’s ruling upholds the enduring principle of birthright citizenship, safeguarding its status in U.S. constitutional law for the time being.

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