An executive order affecting birthright citizenship was issued in late January 2025, applying to children of both undocumented immigrants and some legal immigrants, not just those illegally present as initially reported. This amendment, clarified in early February, sparked international backlash and retaliatory actions from affected countries, though tariffs against Mexico and Canada were postponed for a month following border enforcement commitments.
The policy shift is framed as a national security measure, but its broad scope and rapid changes suggest possible overreach or inconsistency, with debates ongoing about its legal and humanitarian implications.
President Trump’s executive order seeking to terminate birthright citizenship has been blocked by a fourth federal judge, joining three others who have previously halted the order. U.S. District Judge Leo Sorokin in Massachusetts ruled that the order likely violates the Citizenship Clause of the 14th Amendment, which confers birthright citizenship broadly, including to persons within the categories described in the executive order.
Attorney General Letitia James and a coalition of states and organizations have sued to invalidate the executive order, arguing it violates the Fourteenth Amendment and Section 1401 of the Immigration and Nationality Act. The coalition’s request for a preliminary injunction was granted by Judge Sorokin, ensuring that birthright citizenship remains intact while legal challenges continue.
The Supreme Court’s stance on the 14th Amendment is uncertain, but it is a critical issue that could affect the legal status of hundreds of thousands of American children and their families.
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