Executive Order 14160
Protecting the Meaning and Value of American Citizenship
Signed on January 20, 2025
On January 20, 2025, President Trump signed Executive Order 14160, which attempts to deny birthright citizenship to certain children born in the United States. The order claims that children born to undocumented immigrants or temporary visa holders are not automatically U.S. citizens, despite the clear language of the Fourteenth Amendment. It directs federal agencies to refuse citizenship documentation to affected individuals, setting the stage for mass denials of citizenship and legal battles over constitutional rights.
🔗 Read the Executive Order on the Federal Register
🔗 Read the White House Announcement
What You Should Know
This order violates the Fourteenth Amendment and Supreme Court precedent.
The Fourteenth Amendment guarantees U.S. citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” The Supreme Court case United States v. Wong Kim Ark (1898) confirmed that this applies to children of non-citizens born on U.S. soil. Trump’s executive order falsely claims that undocumented immigrants and temporary visa holders are not “subject to the jurisdiction” of the U.S., a radical reinterpretation of the Constitution that has no legal standing. The order is an unconstitutional attempt to rewrite established law through executive action.
Federal agencies are being ordered to deny citizenship documentation to certain U.S.-born children.
The order directs agencies like the State Department and Social Security Administration to refuse birth certificates, passports, and Social Security numbers to children who meet its criteria. This will create legal limbo for many children, as citizenship has always been determined by the Constitution, not executive orders. Lawsuits are inevitable, and courts will likely strike this down, but in the meantime, affected families will face bureaucratic nightmares and legal battles to secure their children’s rights.
This order deliberately sows confusion and fear in immigrant communities.
By attempting to alter citizenship policy without congressional approval, Trump is creating mass uncertainty. Hospitals, government offices, and legal institutions will be thrown into chaos trying to interpret whether a child qualifies for citizenship. The order is meant to intimidate immigrant communities, even though it cannot legally override the Constitution.
Stateless children will become a growing crisis.
Many countries do not automatically grant citizenship to children born abroad, meaning those denied U.S. citizenship under this order could become stateless, unable to obtain legal identification, travel, or access basic rights. This is a deliberate attempt to create a second-class population of undocumented children, despite their birthright to citizenship.
This is a political stunt, not a legitimate policy.
Trump has long attacked birthright citizenship as part of his anti-immigrant agenda, despite legal experts across the political spectrum agreeing that it cannot be eliminated by executive action. This order is designed to appeal to his far-right base, knowing full well that courts will likely strike it down. The goal is not to change policy but to spread fear and division.
Who Wins?
Anti-immigrant extremists and white nationalists
This order aligns with the long-standing goal of far-right groups to restrict non-white immigration and citizenship. The idea of ending birthright citizenship has been promoted by white nationalist organizations for years, and this order brings their ideology closer to mainstream policy.
Trump’s political allies and right-wing media
The order gives Trump’s political allies and media supporters another talking point to rally his base ahead of elections. While legally dubious, it serves as a political weapon to push anti-immigrant rhetoric and reinforce conspiracy theories about an “invasion” of non-citizens.
Private detention centers and immigration enforcement profiteers
By attempting to delegitimize the citizenship of children born to non-citizens, this order lays the groundwork for future deportations and mass enforcement actions. Private detention centers and government contractors that profit from immigrant detention stand to gain from increased enforcement measures.
Who Loses?
U.S.-born children denied their constitutional rights
This order targets children who, under settled law, are American citizens. By denying them documentation, it places them in legal limbo, making it harder for them to access education, healthcare, and employment. These children will grow up facing barriers that should not exist in a country that promises equal rights under the law.
Immigrant families and communities
This order is designed to instill fear in immigrant communities, making parents question whether their children will be recognized as citizens. The result is more uncertainty, discrimination, and hardship for families who have lived and worked in the U.S. for years.
The rule of law and constitutional integrity
If a president can unilaterally strip citizenship from certain groups, it sets a dangerous precedent that undermines the Constitution. Today it is immigrant children, but tomorrow it could be any group a president deems unworthy. This executive order is an attack on the fundamental principles of American democracy.
Government agencies tasked with implementing an unlawful policy
Agencies like the State Department and Social Security Administration will be caught in legal and bureaucratic turmoil, forced to navigate a policy that contradicts the Constitution. Workers at these agencies will face lawsuits, public backlash, and confusion over how to apply a policy that is legally invalid.
Executive Order 14160 is an unconstitutional attack on birthright citizenship and a blatant attempt to undermine the Fourteenth Amendment. Trump is trying to bypass the legal system with an executive action that has no basis in law, knowing it will create fear and chaos. This is not about securing the border or enforcing immigration laws—it is about targeting children and immigrant families for political gain.
The Constitution is clear: If you are born on U.S. soil, you are a citizen. No executive order can change that.
Take Action
Know your rights and seek legal assistance if impacted
If you or someone you know could be affected by this order, consult an immigration attorney immediately. Legal advocacy groups are preparing to challenge this order in court, and affected families should be aware of their rights and legal options.
Support organizations fighting for immigrant rights
Groups like the ACLU, National Immigration Law Center, and other legal advocacy organizations are actively challenging this order and providing support for affected families. Donate, volunteer, or spread awareness about their work.
Contact your representatives and demand action
Congress has the power to formally denounce and block unlawful executive actions. Call your representatives and urge them to publicly oppose this order and support legislation reaffirming birthright citizenship protections.
Share accurate information to counter misinformation
Right-wing media and politicians will use this order to spread falsehoods about birthright citizenship. Share factual, legal analysis from constitutional experts to counter the lies and ensure people understand their rights.
Birthright citizenship is a constitutional right, not a privilege granted at the whim of a president. Trump’s executive order is a desperate, unconstitutional attempt to strip certain children of their citizenship, but it will not hold up in court. Stay informed, push back against misinformation, and fight for the rights guaranteed by the Constitution.
