On January 20th, 2025, President Trump signed an executive order denying citizenship rights to children born to:
The executive order was to go into effect on February 19, 2025, just 30 days after signing. It directed federal agencies to stop issuing documents recognizing US citizenship to the children described above and to refuse documentation issued by state, local, or other authorities purporting to recognize their US citizenship.
However, it has already been challenged in courts as a direct violation of the United States Constitution’s 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.
Immediately after the signing of the order, several states and civil rights organizations filed cases challenging its constitutionality as follows:
Of these, the court in Washington was the first to release a decision on January 23, 2025, with determinations from the other courts still pending.
Washington Judge John C. Coughenour stood firmly with the states, referring to the Executive Order as “blatantly unconstitutional,” and granting an Emergency Motion for a 14-day Temporary Restraining Order that prevents the Federal Government from taking any action on the matter until a full hearing can be held.
In essence, a nationwide 14-day halt on the implementation of President Trump’s Executive Order is now in effect. This gives the United States District Court in the Western District of Washington along with the courts in Massachusetts and New Hampshire more time to issue a decision on a longer Preliminary Injunction.
The schedule on this case is as follows:
Given the language of the initial ruling, it is very likely that the Court will issue a longer injunction on the rule, which would mean that it will not go into effect on February 19, 2025.
Once that happens, the Trump Administration will likely appeal the decision to the Supreme Court. We believe that the Court will strike down the rule as unconstitutional.
President Trump’s Executive Order directly contravenes the 14th Amendment of the United States Constitution and current legal precedent regarding its interpretation. Its implementation would result in hundreds of thousands of babies being born without access to the protections of American citizenship and mark the end of one of the very foundations of America.
Currently, courts strongly favor the states’ views regarding the constitutionality of the Order, and the Supreme Court would have to make a radical deviation from case precedent to uphold it. While President Trump could push for an amendment to the Constitution, it is unlikely it would pass the strict requirements needed to do so.
Vanguard Visa Law advises our valued friends in the talent visa community to remain calm and avoid making any hasty decisions in response to the birthright citizenship Executive Order. This measure is highly likely to face significant legal challenges and be overturned.
