In 1898, the U.S. Supreme Court reinforced this principle in United States v. Wong Kim Ark, affirming citizenship for children born to immigrant parents.

On January 20, 2025, President Donald Trump signed an executive order aimed at stripping U.S. citizenship from certain babies born in the United States.

The executive order would end birthright citizenship for children of immigrants whose mothers are unauthorized or on temporary visas, and whose fathers are not U.S. citizens or lawful residents.

This policy would create a permanent subclass of individuals born in the U.S. but denied full citizenship rights, potentially affecting their access to healthcare, education, and employment.

Children affected by the order could be labeled as undocumented or stateless, leading to significant social and legal disadvantages.

Birthright citizenship is protected by the 14th Amendment to the U.S. Constitution, which guarantees citizenship to all children born in the U.S., with very few exceptions.

The 14th Amendment was ratified in 1868, repudiating the Dred Scott ruling and confirming the citizenship of those born in the U.S.

Historically, attempts to undermine birthright citizenship have been rooted in racism, including the infamous 1857 Dred Scott v. Sanford decision that denied citizenship to descendants of enslaved individuals.

The executive order is viewed as a repetition of historical injustices like those seen in the Dred Scott decision, fostering stigma and discrimination against targeted communities.

In response, legal action was initiated the same night to defend birthright citizenship, a fundamental aspect of American democracy.

The ACLU of New Hampshire is actively opposing this order, with Devon Chaffee and SangYeob Kim leading the legal efforts against it.