Trump Challenges 14th Amendment Birthright Citizenship for 250,000 Children a Year
Updated
Updated · CBS New York · Jun 21
Trump Challenges 14th Amendment Birthright Citizenship for 250,000 Children a Year
3 articles · Updated · CBS New York · Jun 21
Summary
Trump's January 2025 executive order would deny automatic U.S. citizenship to most children born to parents in the country illegally or temporarily, affecting roughly 250,000 births annually.
The order argues the 14th Amendment does not guarantee citizenship to everyone born in the United States, but constitutional scholars such as Amanda Frost say the text and Supreme Court precedent leave only narrow exceptions.
The legal fight turns on the amendment adopted in 1868 after Dred Scott and later reinforced by the 1898 Wong Kim Ark ruling, which recognized citizenship for a U.S.-born child of Chinese immigrants.
Rogers Smith, whose scholarship the administration has cited, says Congress could legislate on the issue but opposes Trump's push, while public opinion is nearly split—50% support birthright citizenship for children of undocumented immigrants and 49% oppose it.
The dispute reaches beyond U.S. law into a broader debate over immigration and national identity, as many countries have narrowed birthright citizenship even while critics warn ending it can leave children excluded or stateless.
If birthright citizenship ends, what are the real-world consequences for 250,000 babies born in America annually?
With a Supreme Court ruling just days away, will the 150-year-old definition of an American citizen be rewritten?
Supreme Court Set to Decide Fate of Birthright Citizenship for Children of Undocumented Immigrants: The Trump v. Barbara Case and the Future of the 14th Amendment
Overview
The U.S. Supreme Court is about to make a historic decision in the case of Trump v. Barbara, which will determine if children born in the United States to undocumented immigrants or temporary visa holders are entitled to citizenship. This case directly challenges President Trump’s executive order aiming to end birthright citizenship for these children, putting the long-standing interpretation of the 14th Amendment’s Citizenship Clause under intense scrutiny. The outcome is expected to be one of the most consequential rulings in the Court’s history, with the potential to reshape legal precedents and American society for generations.