Executive Order 14160
| "Protecting the Meaning and Value of American Citizenship" | |
 | |
| Type | Executive order |
|---|---|
| Number | 14160 |
| President | Donald Trump |
| Signed | January 20, 2025 |
| Federal Register details | |
| Federal Register document number | 2025-02007  |
| Publication date | January 29, 2025 |
Executive Order 14160, titled "Protecting the Meaning and Value of American Citizenship", is an executive order signed by Donald Trump, the 47th president of the United States, on January 20, 2025. The executive order aims to challenge the previously prevailing interpretation of the Citizenship Clause of the 14th Amendment to the United States Constitution, in order to end birthright citizenship in the United States for children of unauthorized immigrants as well as immigrants legally but temporarily present in the U.S., such as those on student, work, or tourist visas.
The order was swiftly challenged in court by multiple organizations and states, being blocked by multiple federal judges.
Provisions
[edit]Trump's executive order redefines the Fourteenth Amendment's clause "and subject to the jurisdiction thereof."[1]
The executive order states two different situations where a person is no longer a U.S. citizen at birth.[2]
- When the mother was unlawfully present in the U.S. and the father was neither a U.S. citizen nor a lawful permanent resident when the person was born.[2]
- When the mother was in the U.S. in temporary status, such as a student visa, work visa, tourist visa or under the Visa Waiver Program, and the father was neither a U.S. citizen nor a lawful permanent resident when the person was born.[2]
The executive order states that these provisions are only effective for people born 30 days or more after the date of the order, so it would only apply to children born beginning February 19, 2025.[2]
Legal challenges
[edit]At least nine lawsuits challenging the executive order have been brought by 22 U.S. state attorneys general, civil liberties and immigrants rights groups, and pregnant women.[3][4] As of February 2025[update], two federal judges have issued preliminary injunctions blocking its implementation and enforcement nationwide.[5]
State of Washington v. Trump
[edit]On January 21, Attorney General of Washington Nick Brown filed suit against against the Trump administration in the United States District Court for the Western District of Washington, arguing that the order violates the 14th Amendment and federal immigration law. The lawsuit was joined by Arizona, Oregon, and Illinois.[6][7] It was the first of the lawsuits to get a hearing in court, when on January 23, Judge John C. Coughenour issued a temporary block on the order, calling it "blatantly unconstitutional."[8][9] On February 6, 2025, Coughenour granted a preliminary injunction enjoining enforcement of the order, while accusing Trump of circumventing or ignoring the rule of law for personal or political gain.[5] The Department of Justice appealed the ruling later that day. The appeal will be heard by the Court of Appeals for the 9th Circuit.[4]
Maryland
[edit]A second lawsuit was filed in a Maryland federal court by immigrant and asylum-seeker rights groups CASA and the Asylum Seeker Advocacy Project on behalf of five pregnant women.[10] On February 5, US District Judge Deborah Boardman issued a nationwide preliminary injunction, saying the order "conflicts with the plain language of the 14th Amendment, contradicts 125-year old binding Supreme Court precedent and runs counter to our nation’s 250-year history of citizenship by birth" and was "likely to be found unconstitutional."[11]
Other lawsuits
[edit]The executive order was challenged in court by the American Civil Liberties Union and the Asian Law Caucus in the case New Hampshire Indonesian Community Support v. Donald J. Trump.[12] On January 21, a lawsuit challenging the order was filed in the United States District Court for the District of Massachusetts by eighteen state attorneys general.[6] U.S. District Judge Leo Sorokin heard arguments in the case on February 7.[13]
See also
[edit]References
[edit]- ^ Miroff, Nick; Sacchetti, Maria (January 20, 2025). "Trump executive order will attempt to end birthright citizenship". The Washington Post. Retrieved January 20, 2025.
- ^ a b c d "Protecting the Meaning and Value of American Citizenship". The White House. January 20, 2025.
- ^ Raymond, Blake Brittain and Nate. "Second US judge blocks Trump's birthright citizenship order". USA Today. Retrieved February 8, 2025.
- ^ a b Lee, Ella (February 6, 2025). "DOJ appeals block of birthright citizenship executive order". The Hill.
- ^ a b Raymond, Nate (February 6, 2025). "US judge accuses Trump of ignoring rule of law to curb birthright citizenship". Reuters.
- ^ a b Schwartz, Matthias (January 21, 2025). "22 States Sue to Stop Trump's Birthright Citizenship Order". The New York Times. Retrieved January 21, 2025.
- ^ Santos, Melissa; Clarridge, Christine (January 21, 2025). "Washington sues to block Trump's birthright citizenship order". Axios. Retrieved February 8, 2025.
- ^ Catalini, Mike (January 23, 2025). "A federal judge temporarily blocks Trump's executive order ending birthright citizenship". Associated Press. Retrieved January 23, 2025.
- ^ Baker, Mike; Schwartz, Mattahias (January 23, 2025). "Judge Blocks Trump's Effort to Restrict Birthright Citizenship". The New York Times. Retrieved January 23, 2025.
- ^ Valera, Dennis (January 22, 2025). "Immigrant groups file lawsuit in Maryland over Trump's order on birthright citizenship". CBS News. Retrieved January 23, 2025.
- ^ Cole, Devan (February 5, 2025). "Federal judge blocks Trump's executive order to end birthright citizenship". CNN. Retrieved February 5, 2025.
- ^ "Immigrants' Rights Advocates Sue Trump Administration Over Birthright Citizenship Executive Order". ACLU. January 20, 2025. Retrieved January 21, 2025.
- ^ Casey, Michael (February 7, 2025). "Judge in Boston to consider latest bid to block Trump's birthright citizenship order". Associated Press. Retrieved February 8, 2025.
External links
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