Trump's birthright citizenship order is unconstitutional, appeals court says
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Judge Upholds Nationwide Block on Trump Birthright Order
Above: U.S. President Donald Trump takes part in a press conference on recent Supreme Court rulings on June 27, 2025. Image copyright: Joe Raedle/Getty Images
The Spin
Democratic narrative
Birthright citizenship is a fundamental constitutional right that cannot be eliminated by executive action alone. The 14th Amendment clearly states "all persons born in the United States" receive citizenship, a principle established for over 150 years. Trump's order represents a flagrantly unconstitutional attempt to strip citizenship from American-born children based solely on their parentage.
Republican narrative
The executive order represents necessary immigration reform to close loopholes that encourage illegal border crossings. The 14th Amendment's "subject to the jurisdiction" clause was never intended to grant automatic citizenship to children of non-citizens who lack allegiance to America. Courts are misinterpreting the constitutional text and purpose, ignoring the framers' original intent from 1868.