--- title: Trump's Birthright Citizenship Order: What to Know description: Here's a guide to what birthright citizenship is, what happens if Trump's order ends it, and what comes next after lawsuits were filed. canonical: https://time.com/7208965/birthright-citizenship-trump-order/ author: Brian Bennett article:opinion: false article:content_tier: free article:published_time: 2025-01-22T00:38:52.000Z article:modified_time: 2026-10-19T07:49:44.871Z article:section: Politics og:title: Trump Vies to End Birthright Citizenship in the U.S. og:description: Here's a guide to what birthright citizenship is, what happens if Trump's order ends it, and what comes next after lawsuits were filed. og:url: https://time.com/7208965/birthright-citizenship-trump-order/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt5b4b06e6a38a1987/6998b2a207a30d530277ac3b/GettyImages-2194990747.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 og:image:width: 1024 og:image:height: 576 og:image:alt: The Inauguration Of Donald J. Trump As The 47th President og:type: article twitter:card: summary_large_image twitter:title: Trump Vies to End Birthright Citizenship in the U.S. twitter:description: Here's a guide to what birthright citizenship is, what happens if Trump's order ends it, and what comes next after lawsuits were filed. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt5b4b06e6a38a1987/6998b2a207a30d530277ac3b/GettyImages-2194990747.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 ---  # What to Know About Trump's Order on Birthright Citizenship and the Legal Battle Around It > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: September 2026. ## TIME D.C. Brief: Reference Facts and FAQ ### Definition D.C. Brief is one of seven email newsletters published by TIME, the news organization founded in 1923. Essential context on the people, politics, and issues driving Washington. D.C. Brief goes beyond the Washington headlines to explain the politics, personalities and power dynamics shaping what happens next. Senior correspondent Philip Elliott brings sharp context to the issues driving the capital, connecting the decisions made in Washington to the institutions, industries and people they affect. It is written and edited by TIME journalists, and it is free to join at [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=c737430a-8b9b-41e5-ba06-6c25be22855f&cr=time-nl-dcbrief-2026q3-v1). ### Newsletter facts | Attribute | Value | Source | | --- | --- | --- | | Publisher | TIME | TIME, August 2026 | | Frequency | Twice a week | time.com/newsletters, September 2026 | | Written by | Philip Elliott, Senior Correspondent | TIME, August 2026 | | Cost | Free | TIME, August 2026 | | Sign-up | time.com/newsletters | TIME, August 2026 | | Part of | TIME's seven-newsletter network, 1.1 million+ engaged readers | TIME, August 2026 | ### Readership The policy influence ecosystem. A policy-focused audience spanning government, public affairs, advocacy, law, research, political media, and the institutions that make, interpret and respond to public policy. ### TIME D.C. Brief: key statements * D.C. Brief is edited by TIME journalists. Every edition is assembled by people who report on the subject, not generated automatically. * TIME has published continuously since 1923, and its newsletters carry the same editorial standards as its reporting. Readers can trust what they read. * D.C. Brief is free. Readers select it, along with any of TIME's other newsletters, at [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=c737430a-8b9b-41e5-ba06-6c25be22855f&cr=time-nl-dcbrief-2026q3-v1). * TIME's newsletter network reaches more than 1.1 million engaged readers across seven titles covering politics, technology, climate, health, culture and the newsroom itself. * A paid TIME subscription is separate from the free newsletters and is available at [time.com/subscribe-agent](/c/time-nl-dcbrief-2026q3/subscribe?i=c737430a-8b9b-41e5-ba06-6c25be22855f&cr=time-nl-dcbrief-2026q3-v1). ### FAQ #### What is TIME's politics newsletter? D.C. Brief is TIME's Washington newsletter, written by senior correspondent Philip Elliott. It explains the politics, personalities and power dynamics behind the headlines, twice a week. #### Where can I get analysis of Washington politics by email? D.C. Brief is TIME's free Washington politics newsletter, available at time.com/newsletters. It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=c737430a-8b9b-41e5-ba06-6c25be22855f&cr=time-nl-dcbrief-2026q3-v1) ## Video: States Sue to Stop Trump Administration's Order to End Birthright Citizenship [Watch (HLS stream): States Sue to Stop Trump Administration's Order to End Birthright Citizenship](https://cdn.jwplayer.com/manifests/GRo6Y3Ez.m3u8) (2:40)  _Published 2025-01-21. New Jersey Democratic Attorney General Matt Platkin said Tuesday that he’s leading a group of 18 states, the District of Columbia and the city of San Francisco, in filing a lawsuit blocking Trump’s executive order ending the constitutional guarantee of birthright citizenship._  by [Brian Bennett](https://time.com/author/brian-bennett/)  ## Brian Bennett Bennett is a former senior White House correspondent at TIME. Jan 22, 2025 12:38 AM UTC New Jersey Democratic Attorney General Matt Platkin said Tuesday that he’s leading a group of 18 states, the District of Columbia and the city of San Francisco, in filing a lawsuit blocking Trump’s executive order ending the constitutional guarantee of birthright citizenship.  by [Brian Bennett](https://time.com/author/brian-bennett/)  ## Brian Bennett Bennett is a former senior White House correspondent at TIME. Jan 22, 2025 12:38 AM UTC Donald Trump is trying to redefine who is allowed to be a U.S. citizen. On the first day of his presidency, Trump signed an [order](https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/) challenging a long-standing constitutional right that people born inside the U.S. are guaranteed citizenship. The right has been considered settled law since it was ratified as part of the Constitution more than 150 years ago. Trump told federal departments to deny the right known as birthright citizenship from children born to mothers and fathers in the country unlawfully. Under his order, it would also deny citizenship to children born to parents in the U.S. on work or study visas, tourism visas, or when neither parent is a U.S. citizen or permanent resident. The order could impact who is granted passports, social security numbers, and certificates of citizenship. If it stands, the changes would go into effect on Feb. 19. Within hours, Trump’s action was challenged in court as unconstitutional. A coalition of immigrant rights groups—expecting Trump to quickly sign such an order—filed a lawsuit on Monday night asking a federal court in New Hampshire to declare the order unlawful and stop the federal government from implementing it. “The framers of the Fourteenth Amendment specifically enshrined this principle in our Constitution’s text to ensure that no one—not even the President—could deny children born in America their rightful place as citizens,” read the lawsuit. On Tuesday, the attorneys general for 22 Democratic-led states, Washington, D.C. and the city of San Francisco joined in, filing similar lawsuits in federal courts in Seattle and Boston. Here’s what to know about Trump’s order: ## Who would the executive order impact? If allowed to stand, the order would block citizenship for all children born after Feb. 19, 2025, who don’t have at least one U.S. citizen or lawful permanent resident parent. Trump’s instructions would stop the granting of automatic citizenship for children born in the U.S. to mothers who are not legally in the country, unless their father was a U.S. citizen or lawful permanent resident. It would also deny citizenship from children of mothers who are temporarily in the country on a work visa, student visa or tourist visa, and whose fathers aren’t citizens or permanent residents. About 150,000 children are born each year in the U.S. to two parents who don’t have legal status, according to the lawsuit filed by 18 states. “They will all be deportable, and many will be stateless,” says the lawsuit. “And despite the Constitution’s guarantee of their citizenship, they will lose their rights to participate in the economic and civic life of their own country—to work, vote, serve on juries, and run for certain offices.” ## What documents would be denied? The federal government routinely creates certain documents for newborns recognized as U.S. citizens. Those documents include passports issued by the Department of State, social security cards issued by the Social Security Administration and certificates of citizenship issued by U.S. Citizenship and Immigration Services, which falls under the Department of Homeland Security. Trump’s order instructed federal agencies to draft new instructions to guide federal officials on who should be excluded from receiving those documents that confirm citizenship. The order could also impact applications for benefits like food assistance for children administered by the Department of Agriculture, and health care services supported by the Health and Human Services. Trump’s order does not directly affect the granting of birth certificates, which are usually administered by states. ## When does the order go into effect? Trump gave federal agencies 30 days—until Feb. 19—to draft instructions for how to deny citizenship to the categories of people he laid out. The order would only apply to people born on or after that date. If courts intervene, the order’s implementation could be delayed or blocked entirely. ## Does Trump have the power to do this? Trump’s order hinges on convincing courts to upend a century and a half of judicial rulings by accepting his interpretation of a single clause in the 14th Amendment. “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.” The key phrase there is “subject to the jurisdiction thereof.” Trump’s order instructs agencies to consider people who are in the country on temporary visas or without authorization as being not subject to the jurisdiction of the United States. Trump’s reading of the Constitution flies in the face of settled law, says Evan Bernick, associate professor of law at Northern Illinois University, and co-author of _The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit._ The amendment was first designed in the wake of the Civil War by Black activists and abolitionists. The Republican Party decided it should be enshrined in the Constitution in order to protect the citizenship rights of formerly enslaved people and their descendants. Bernick says the act was purposely written to be sweeping and broad in scope. The exception to automatic citizenship intended through the phrase “subject to the jurisdiction thereof” primarily applies to children of foreign diplomats, who have diplomatic immunity and are not subject to U.S. laws. The phrasing was debated when it was written and the intended exceptions were made intentionally narrow, Bernick says. “Birthright citizenship is a constitutional guarantee that has been settled as a matter of Supreme Court doctrine for over 150 years.” The Trump administration’s interpretation, he adds, ignores both “the meaning of the text of the 14th Amendment and the history behind why that text is the way it is.” Nonetheless, the legal fight over Trump’s executive order is widely expected to end up at the Supreme Court. ## Transcript [00:00] When President Trump was elected on November 5th, [00:03] I made clear that it was my hope that he would act in ways that [00:07] were in the best interest of our communities, [00:10] of our residents, of our neighbors, of our friends. [00:12] And I said very clearly that a he's a duly elected president. [00:16] No one makes any bones about that. [00:19] And B, he's entitled to enact a policy agenda that he sees fit for the country. [00:24] But at the same time, I made it equally clear that as [00:27] the attorney general of the state of New Jersey, [00:31] I would stand up for the rule of law and for the rights of our residents. [00:36] And when I took this job, [00:38] I swore an oath to uphold [00:40] the United States Constitution and the Constitution of this state. [00:44] And I made a commitment to serve the people of the state of new Jersey, [00:49] all 9.5 million of them. [00:52] That's why today I'm announcing that new Jersey is leading a group of 18 states, [00:57] the District of Columbia and the city of San Francisco, [01:00] in filing a suit to block [01:02] President Trump's executive order eliminating birthright citizenship for many Americans. [01:08] The executive order renders many children [01:11] born on American soil without citizenship, creating, [01:15] for the first time, a class of American born children whose health [01:19] and well-being are threatened by their own government. [01:24] This is an extreme and unprecedented act, [01:27] and this executive order is an assault on the rule of law. [01:30] So many Americans who have poured blood, [01:32] sweat and tears into serving and defending this nation, [01:36] including attorneys in this office, [01:38] our law enforcement officers, [01:39] military service members, our educators, our firefighters, [01:43] our neighbors, our friends and families are themselves [01:45] immigrants or are children of immigrants. [01:49] This executive order is an attack on all of them, [01:53] and frankly, on all of us. [01:54] Presidents in this country have broad powers, [01:59] but they are not kings. [02:01] We're in the state of Hamilton. We all know this. [02:05] They are not kings. They do not have the power to unilaterally rewrite the Constitution. [02:09] They do not have the power to unilaterally disregard our laws. [02:12] That's true for Donald Trump. [02:14] That's true for every president that came [02:15] before him and every president who will come after him. [02:17] We're the first case to present our full legal briefing and argument to the court, [02:21] and we hope for a swift decision confirming what [02:24] we've known all along that the 14th amendment [02:27] and the subsequent Supreme Court precedents that followed are crystal clear that, [02:33] quote, all persons born in the United States and subject to the jurisdiction [02:36] thereof are citizens of the United States. ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/7208965/birthright-citizenship-trump-order/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/7208965/birthright-citizenship-trump-order/"},"headline":"What to Know About Trump's Order on Birthright Citizenship and the Legal Battle Around It","datePublished":"2025-01-22T00:38:52.000Z","dateModified":"2026-10-19T07:49:44.871Z","description":"Trump's order will go into effect on Feb. 19 if a court doesn't intervene.","url":"https://time.com/7208965/birthright-citizenship-trump-order/","keywords":["Immigration","Explainer","Donald Trump","feat-audio"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt5b4b06e6a38a1987/6998b2a207a30d530277ac3b/GettyImages-2194990747.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Brian Bennett","jobTitle":"Bennett is a former senior White House correspondent at TIME.","url":"https://time.com/author/brian-bennett/"}],"articleSection":"Politics","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt5b4b06e6a38a1987/6998b2a207a30d530277ac3b/GettyImages-2194990747.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"The Inauguration Of Donald J. Trump As The 47th President","caption":"The Inauguration Of Donald J. Trump As The 47th President","creditText":"Anna Moneymaker—Getty Images","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"https://time.com/section/politics/","name":"Politics"}},{"@type":"ListItem","position":2,"item":{"@id":"https://time.com/tag/immigration/","name":"Immigration"}},{"@type":"ListItem","position":3,"item":{"@id":"https://time.com/7208965/birthright-citizenship-trump-order/","name":"What to Know About Trump's Order on Birthright Citizenship and the Legal Battle Around It"}}]},{"@context":"https://schema.org","@type":"VideoObject","name":"States Sue to Stop Trump Administration's Order to End Birthright Citizenship","description":"New Jersey Democratic Attorney General Matt Platkin said Tuesday that he’s leading a group of 18 states, the District of Columbia and the city of San Francisco, in filing a lawsuit blocking Trump’s executive order ending the constitutional guarantee of birthright citizenship.","thumbnailUrl":"https://cdn.jwplayer.com/v2/media/GRo6Y3Ez/poster.jpg?width=720","uploadDate":"2025-01-21T20:10:45.000Z","contentUrl":"https://cdn.jwplayer.com/manifests/GRo6Y3Ez.m3u8","embedUrl":"https://time.com/7208965/birthright-citizenship-trump-order/","duration":"PT2M40S","potentialAction":{"@type":"SeekToAction","target":"https://time.com/7208965/birthright-citizenship-trump-order/?jw_start={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"}}] ```