President Trump’s recent executive order aimed at ending birthright citizenship has sent shockwaves across the nation. This move, challenging a century of established legal precedent, could drastically alter who is considered a U.S. citizen. But is it even legal? Let’s dive in.
Here’s what you need to know:
- Trump’s order seeks to eliminate birthright citizenship, a right enshrined for over a century.
- A federal judge has temporarily blocked the order, responding to a legal challenge from 22 states.
- The Justice Department is using historical cases involving Native Americans and other groups to justify the order.
- Experts argue that the legal basis for the order is weak and fueled by prejudice.
- The fight over birthright citizenship impacts various communities, not just immigrants.
The Battle Over Birthright: What’s the Fuss?
For over a hundred years, the principle of birthright citizenship has been a cornerstone of American identity. It’s the idea that if you’re born on U.S. soil, you’re an American, plain and simple. Now, President Trump wants to change that. His executive order could leave millions with uncertain futures. It’s a legal showdown with major implications.
Native Americans: The Justice Department’s Legal Loophole?
The Justice Department has raised a lot of eyebrows by using Native American history to support Trump’s order. They’re arguing that being born in the U.S. isn’t enough; you also have to be ‘subject to the jurisdiction’ of the U.S. They’re citing an old case from 1884 that said Native Americans weren’t initially considered fully subject to U.S. jurisdiction and therefore not automatically citizens.
But hold on a minute! Scholars like Gerald L. Neuman from Harvard Law School call this argument “weak” and say it’s steeped in “xenophobia.” It seems like they’re digging through dusty old racist laws to support their case. Many point out that the analogy is flawed, Native Americans had a unique status with treaties etc. and were explicitly granted citizenship in 1924. This shows that the U.S. can recognize groups as citizens even if this was not the case at some point in history, according to the Justice Department’s logic.

Spanish & Mexican Descendants: A History Lesson
Let’s not forget the communities with roots in areas that were once part of Mexico. After the U.S.-Mexico War, the Treaty of Guadalupe Hidalgo granted U.S. citizenship to many people of Mexican and Spanish descent in 1848. New Mexico’s 1912 Constitution specifically protects their children’s right to education. It prohibits discrimination based on origin. The courts have clearly sided with those rights.
Dred Scott and the Legacy of Enslavement
The Dred Scott decision of 1857 is a stark reminder of past injustices. The Supreme Court actually stated that Black people were not entitled to citizenship! It was a ruling so terrible it actually fueled the Civil War! After the war, to correct the court’s mistake, the 14th Amendment was ratified. It states that anyone born or naturalized in the U.S. is a citizen. This was HUGE news, as it effectively nullified the racist Dred Scott ruling.
Wong Kim Ark: A Win for Immigrants and Their Kids
Here’s where it gets even more interesting. A Chinese immigrant named Wong Kim Ark challenged the U.S. government in 1898 all the way to the Supreme Court. He was born in San Francisco and, after a visit to China, was denied reentry! The government argued he wasn’t a citizen due to the racist Chinese Exclusion Act of 1882. Wong argued that he *was* a citizen because he was born in the U.S. And the court agreed! This landmark decision confirms that *all* U.S.-born people are citizens, no matter their parents’ status. It was a game-changer for immigrant communities.
The Fight is Far From Over
Trump’s executive order isn’t just some legal technicality. It’s a blatant attack on our nation’s founding principles and the rights of everyone who calls America home. It’s a reminder that the fight for equality and justice is always ongoing. As Annie Lee from Chinese for Affirmative Action said: “Make no mistake that the white supremacy which animates this illegal executive order impacts us all.”
The temporary block is a win, but it’s just the beginning of this fight. We all need to be aware of what’s at stake.