The Just Security Podcast Another Reason Trump’s Birthright Citizenship Order is Unlawful
May 15, 2025
Explore the legal challenges to an Executive Order that threatens birthright citizenship in the U.S. Delve into the historical context, including legislative acts from the 1940s to the 1950s, which affirm the right to citizenship based on birthplace. Hear about significant cases that shaped current debates and the implications of the Supreme Court's forthcoming decisions. This discussion sheds light on the importance of protecting citizenship for all children born on American soil, irrespective of their parents' immigration status.
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EO Violates Birthright Citizenship Statute
- President Trump's Executive Order 14160 denies birthright citizenship based on parents' citizenship or residency status.
- This violates the federal birthright citizenship statute codified in 8 U.S. Code § 1401.
Statutory Meaning of "Subject to Jurisdiction"
- The 1940 and 1952 statutes grant birthright citizenship to all born in the U.S. subject to its jurisdiction.
- Parents' immigration status does not negate the child's citizenship under the law's historical meaning.
Hoppenheim Family Citizenship Example
- The Hoppenheim family case showed Congress acknowledged U.S.-born children to unauthorized immigrants as citizens.
- Congress granted legal residence relief to the parents but recognized the child's automatic citizenship.