مجلة العلوم الانسانية
Volume 25, Numéro 2, Pages 376-392
2025-12-31
Born In U.s.a? The Political And Legal Storm Over Birthright Citizenship Debate During The Trump Era
Authors : Baghiani Amira .
Abstract
The doctrine of birthright citizenship, rooted in the Citizenship Clause of the Fourteenth Amendment, has historically been a fundamental aspect of American constitutional law. In January 2025, President Donald Trump enacted Executive Order 14160 that intended to limit this privilege by denying citizenship to specific children born in the United States. This action sparked substantial constitutional and political debate. The main issue raised in this research is whether the executive authority has the ability to change or restrict the constitutional right that has been affirmed since United States v. Wong Kim Ark (1898). The research aims at evaluating the implications of Executive Order 14160 by analyzing its constitutional legitimacy, policy justification, and judicial reactions. The article employs a qualitative research approach to assess the order’s validity and consequences by examining constitutional texts, precedents from the Supreme Court, legislative interpretation, and litigation records such as Trump v. CASA, Inc. It concludes that even though the presidential action temporarily affected procedural principles regarding injunctions, the judiciary has maintained the jus soli principle, supporting the persistent validity of birthright citizenship within the U.S constitutional framework.
Keywords
Birthright Citizenship ; Constitutional Law ; Donald Trump ; Executive Order 14160 ; Fourteenth Amendment
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