The Trump administration's attempts to alter birthright citizenship are facing legal challenges, with the Justice Department appealing a recent court order blocking the president's executive order. A federal judge in Washington extended a temporary restraining order against the order, criticizing the administration's approach to the rule of law. This follows a similar ruling by a Maryland judge just days prior. The appeal will now be heard by the Ninth Circuit Court of Appeals, known for its progressive leanings.

The executive order, "Protecting The Meaning And Value Of American Citizenship," issued on President Trump's Inauguration Day, aims to end birthright citizenship for children born to undocumented immigrants. This move has sparked debate over the interpretation of the 14th Amendment's citizenship clause. Judges have expressed concerns about the nationwide implications of the order and the lack of legal precedent supporting the administration's position.

The central point of contention revolves around the phrase "subject to the jurisdiction thereof" within the 14th Amendment. Legal scholars disagree on whether this clause permits the executive order's restrictions on birthright citizenship. Some argue that such a significant change requires a constitutional amendment, not an executive order. Meanwhile, Trump's advisors and some conservative legal experts contend that the current understanding of birthright citizenship misinterprets the amendment.

In a related development, Senate Republicans have introduced legislation to end birthright citizenship for children of undocumented immigrants and those in the country legally on a temporary basis. The sponsors of the "Birthright Citizenship Act of 2025" argue that it addresses a key driver of illegal immigration and strengthens national security.