Birthright citizenship—rooted in the 14th Amendment to the U.S. Constitution—grants automatic citizenship to nearly everyone born on American soil, regardless of their parents’ immigration status. This principle has long been a foundational aspect of U.S. immigration law and national identity, shaping the country’s reputation as a place of opportunity. However, new executive actions by the Trump administration have sought to redefine this bedrock policy—creating significant legal uncertainty for children of noncitizens.
For immigration lawyers, these developments highlight the critical need to adapt legal strategies and safeguard clients’ rights. Below, we explore the historical background of birthright citizenship, recent executive orders, key legislative proposals, and practical steps to help attorneys navigate these unprecedented shifts.
Understanding American Citizenship and Birthright Policies
First, let’s examine this fundamental aspect of American identity and legal tradition more closely.
Historical Perspectives on Birthright Citizenship
Birthright citizenship in the United States is primarily grounded in the 14th Amendment, ratified in 1868. The relevant clause 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.”
Adopted in the post-Civil War era to secure the rights of formerly enslaved individuals, this amendment overruled the 1857 Dred Scott v. Sandford decision (which denied citizenship to African Americans). In United States v. Wong Kim Ark (1898), the Supreme Court cemented the principle of birthright citizenship by holding that a child born in the U.S. to noncitizen parents is a citizen from birth. To this day, the United States remains one of a number of countries with birthright citizenship, standing alongside other nations in the Western Hemisphere that uphold similar policies.
Political Debates Surrounding Citizenship as a National Identity Issue
Even though the 14th Amendment has historically been interpreted to guarantee citizenship to anyone born on American soil, this practice has often been at the center of debates on national identity and immigration policy. Critics argue that ending birthright citizenship is necessary to deter unauthorized immigration, while supporters view it as a core American value—reflecting a promise of equality and opportunity for all. These partisan disagreements raise the question of whether potential changes might undermine the country’s constitutional safeguards or simply address evolving immigration concerns.
Trump’s Executive Orders on Birthright Citizenship
During President Trump’s previous term, he introduced directives seeking to curb what his administration termed “birth tourism.” Those initiatives involved heightened scrutiny of visa applicants believed to be traveling primarily for childbirth in the U.S.—illustrating an early focus on challenging birthright citizenship in practice, if not in law.
Birthright Citizenship Actions from Trump’s First Week
On January 20, 2025—the day of President Trump's inauguration—the new president signed an executive order titled “Protecting the Meaning and Value of American Citizenship.” This directive aims to deny automatic citizenship to:
- Children born to undocumented immigrants
- Children born to certain lawful temporary residents
Immigration Law expert James Pittman said in a recent podcast episode:
“This executive order states that the U.S. government is not going to recognize the children of undocumented migrants as U.S. citizens even though they were born on the territory of the United States. This is in contravention to the settled understanding of the 14th Amendment of the U.S. Constitution…"
The order immediately faced legal challenges. Within hours, the American Civil Liberties Union (ACLU) and 22 states filed lawsuits, arguing the directive violates the birthright citizenship constitution guarantee in the 14th Amendment. Immigration advocates and civil rights organizations called the move “blatantly unconstitutional,” echoing comments from one federal judge who temporarily blocked its implementation. News outlets including CNN report that additional cases have been filed across the country, setting the stage for a major legal battle that could ultimately reach the Supreme Court. Legal scholars—like Professor Gerard Magliocca of Indiana University’s Robert H. McKinney School of Law—have questioned whether the president has the authority to redefine citizenship through an executive order, noting that such sweeping changes typically require an act of Congress or a constitutional amendment.
Legal Challenges from Other Executive Actions
In tandem with targeting birthright citizenship, the administration has canceled the CBP One app—a tool that allowed asylum seekers to schedule appointments at ports of entry. This sudden policy shift has already caused confusion among migrants attempting to follow lawful processes—prompting further litigation by immigrant rights organizations.
For additional analysis of the legal fallout from the 2025 election, see our article on Trump Wins Election.
Legislative Proposals on Birthright Citizenship
Recent legislative efforts have attempted to clarify—or curtail—birthright citizenship. For example, the “Birthright Citizenship Act of 2023” sought to amend the Immigration and Nationality Act—aiming to restrict automatic citizenship for certain children born in the United States. Though that bill did not become law, it signals ongoing interest in reshaping the scope of the 14th Amendment.Should the Supreme Court decline to uphold President Trump’s executive order, supporters of tighter restrictions may pursue congressional action or even advocate for a constitutional amendment. Most legal experts, however, believe that significantly changing birthright citizenship would demand a level of legislative consensus that is unlikely under current political conditions. Moreover, courts have consistently held that ending birthright citizenship without a constitutional amendment runs counter to more than a century of jurisprudence.
How Immigration Lawyers Can Prepare for Future Executive Orders
Executive orders on immigration can reshape policies overnight—creating uncertainty for both attorneys and their clients. Immigration lawyers must remain adaptable, leveraging strategic planning, technology, and clear communication to navigate these shifts effectively. The following best practices will help legal professionals stay ahead of policy changes and advocate for their clients with confidence.
Stay Informed
Monitor official government websites, respected legal news outlets, and credible analyses from scholars. New lawsuits are unfolding rapidly, which could lead to fast policy shifts.
Prioritize Proactive Communication with Clients
Inform clients promptly about new executive orders or legislative proposals. Provide clear, jargon-free explanations in multiple languages whenever possible. Your clients—especially those with newborns—need reassurance and detailed guidance on how changes might affect their families.
Outline Risks to Clients
The legal environment may remain fluid for months or even years. Offer clients transparent risk assessments so they can make informed decisions about travel, documentation, and potential interactions with immigration authorities.
Leverage Technology
Deploy case management software that centralizes deadlines, updates, and client communications. By automating routine tasks, you can devote more attention to substantive legal work and emergency issues when policies change unexpectedly.
How Docketwise Supports Immigration Lawyers
Staying agile in the face of rapidly evolving immigration policies demands efficient, reliable tools, so you are able to dedicate more time and energy to your clients. Docketwise streamlines case management, reduces administrative burdens, and helps you keep pace with frequent policy shifts:
- All-in-one case managementDocketwise centralizes essential features—like invoicing, calendaring, secure messaging, and task management—so you can monitor every aspect of your client’s cases in a single platform.
- Form automation
Access a robust library of dynamically populated immigration forms—ensuring accurate data entry and reducing the risk of typos or omissions.
- Client relationship management (CRM)
Keep track of all client interactions, case histories, and important documentation in one secure location—making it easier to respond to urgent inquiries and policy updates.
- Multilingual support
Communicate effectively with clients from diverse backgrounds by using questionnaires available in multiple languages.
- Educational resources
From timely blog posts to podcasts covering policy changes, Docketwise keeps users informed about emerging legal developments—such as executive orders on Trump birthright citizenship—so you can proactively adjust your strategies.
Interested in learning how Docketwise can help your firm adapt to sudden legal changes? Schedule a demo to see how our platform enhances efficiency, organizes complex workflows, and keeps you updated on policy developments.
