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Trump’s Unconstitutional Executive Order to Eliminate Birthright Citizenship: What You Need to Know and How You Can Fight Back

What Did Trump Do? 

On his first day back in office, Donald Trump signed an executive order to end birthright citizenship, an unprecedented and unconstitutional move targeting children born in the United States. This act, which directly undermines the 14th Amendment, seeks to deny citizenship to certain newborns, creating a generation of stateless children. It is a clear and calculated attack designed to advance Trump’s anti-immigrant agenda while flouting the fundamental principles of equality and justice that define America.

What Is Birthright Citizenship?

The 14th Amendment to the U.S. Constitution, ratified in 1868, was created to ensure that no child born in the United States would be denied citizenship. This provision was a direct repudiation of slavery and its legacy, guaranteeing that freedmen and their descendants would have full rights as Americans. For more than 150 years, birthright citizenship has been a beacon of equality, embodying the American ideal that everyone deserves a fair start in life.

How Trump’s Executive Order Harms People

Trump’s executive order to end birthright citizenship is an unprecedented and unconstitutional attack on our democracy. By targeting babies born in the U.S., this policy creates a subclass of stateless children, deprived of their rights and opportunities. These babies, through no fault of their own, could be denied access to healthcare, education, and basic protections, leaving them and their families vulnerable to exploitation and hardship.

The executive order also deepens inequality by targeting immigrant families, weaponizing fear and xenophobia, and turning newborns into political pawns. It threatens to destabilize communities, impose significant legal and financial burdens on families, and open the door to further erosion of constitutional rights. If the 14th Amendment can be so easily disregarded, what’s next? This is not just an attack on immigrants; it’s an attack on the Constitution itself, one that endangers every American’s civil liberties.

The Legal Fight Against Trump’s Order

Eighteen states have already filed lawsuits to challenge this unconstitutional executive order. Legal experts from across the political spectrum agree: this move is blatantly illegal. Leading these efforts is the American Civil Liberties Union (ACLU), which has filed a landmark suit to protect the 14th Amendment and ensure no child born on U.S. soil is denied their citizenship. The ACLU’s lawsuit details how the executive order creates statelessness for newborns, deprives them of fundamental protections, and violates America’s long-standing commitment to equality under the law.

On January 23, a federal judge temporarily blocked the order, calling it “blatantly unconstitutional.” Emphasis on temporary: This legal process is far from done and the order could go into effect while it all plays out.

Public pressure is critical to getting governors to continue to issue birth certificates to every child born in their states, regardless of Trump’s actions. This fight is about defending the promise of the Constitution and the dignity of every child born in this country.

What You Can Do to Fight Back

This fight is one that’s going to take all of us — depending on where you live, here are a few things you can do right now: 

  1. Call or Email Your Democratic Governor: Demand that they commit to issuing birth certificates to all children born in their state, regardless of Trump’s executive order. Highlight how refusing to act endangers newborns and violates the Constitution.
  2. Pressure Republican Members of Congress: Call or email your representative and ask them to publicly oppose Trump’s executive order. Use language that frames this as an unconstitutional and un-American attack that harms newborns and immigrant families. Then, make sure your neighbors know about their complicity — submit a letter to the editor exposing Republican silence and complicity, demanding they protect the Constitution and the rights of every child.
  3. Demand Your Democratic Members of Congress Fight Back: Call or email your Democratic representatives and senators to demand they make a strong public statement against this executive order. Ask them to commit to fighting MAGA extremism and defending the Constitution without compromise, whether a Trump Executive Order or MAGA messaging bill in Congress.

Donald Trump’s executive order is a desperate and unconstitutional overreach, revealing his willingness to gamble with the rights of newborns and the foundations of American democracy. By targeting the 14th Amendment, Trump has overplayed his hand, exposing the cruelty and extremism of his agenda. This is a fight we can and must win. Let’s deliver the blowback this attack deserves.


Take Action Now

Contact your Governor, Republican and Democratic Members of Congress, or local newspaper editor. You can find the names and party affiliation of your elected officials here.

Call

Call Your Democratic Governor

Democratic governors must commit to ensuring every child born in their state receives a birth certificate.

Call NOW
Email

Email your Republican Member(s) of Congress

Republican lawmakers must answer for their silence on Trump’s executive order to end birthright citizenship.

Email NOW
Call

Call your Republican Member(s) of Congress

Let your Republican member(s) know that their silence on Trump’s executive order to end birthright citizenship is unacceptable.

Call NOW
Write a LTE

Submit a Letter to the Editor

Get the word out in your local newspapers to raise awareness and highlight their refusal to defend the Constitution and protect newborns.

WRITE A LTE NOW
Call

Call your Democratic Member(s) of Congress

Tell them to make a strong public statement condemning this unconstitutional act and commit to fighting MAGA extremism.

Call NOW
Email

Email your Democratic Member(s) of Congress

Democratic lawmakers must lead the charge against Trump’s executive order.

Email NOW

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