The debate over birthright citizenship gained attention again recently when President Donald Trump issued an executive order to ban it. The ban was originally set to go into effect on February 19, but a federal judge in Seattle temporarily halted the order. Many experts speculate that the final decision on this matter may have to come from the Supreme Court.
Should the ban eventually go into force, it would likely impact tens of thousands of children born to the parents of illegal immigrants.
In a photo taken on January 23, 2025, President Donald Trump is shown signing the executive order in the Oval Office of the White House in Washington, D.C. This action reignited discussions and disagreements surrounding birthright citizenship.
Trump’s order, titled “Protecting The Meaning and Value of American Citizenship,” seeks to clarify the 14th Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
It clarifies that those born to illegal immigrant parents, or those who were here legally but on temporary nonimmigrant visas, are not citizens by birthright.
“The Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States,” the order reads.Â
Trump repeatedly described birthright citizenship as “ridiculous” and something that needed to stop. The U.S. is one of roughly 30 countries where birthright citizenship is applied.Â
Thursday’s decision by U.S. District Judge John Coughenour, a Ronald Reagan appointee, comes in response to four U.S. states — Arizona, Illinois, Oregon and Washington — who sued to block Trump’s executive order, which was signed by Trump shortly after being sworn in as president.Â
Coughenour said Thursday that the executive order banning birthright citizenship “boggles the mind,” and told the court he could not remember in his more than 40 years on the bench seeing a case so “blatantly unconstitutional.”
The 14-day restraining order granted by Coughenour will apply to the entire U.S.
Migrants at the front of the line are processed for entry by U.S. Customs and Border Protection. Debate has reignited over whether the children of illegal migrants born in the U.S. are entitled to citizenship. (Jon Michael Raasch/Fox News Digital)
In the meantime, the administration can ask a federal appeals court in San Francisco to lift the TRO and allow enforcement for now, while the case is litigated—a process that could last many months.
A Justice Department spokesperson told Fox News said it will “vigorously defend” President Trump’s executive order “which correctly interprets the 14th Amendment of the U.S. Constitution.”
“We look forward to presenting a full merits argument to the Court and to the American people, who are desperate to see our nation’s laws enforced.”
Fox News’ Breanne Deppisch and David Spunt contributed to this report
