# Executive Order 14160: Ending Birthright Citizenship **Type:** Executive Order **Signed:** January 20, 2025 (Inauguration Day) **Status:** Struck down by the Supreme Court 6–3 in [[Trump v. Barbara]] (June 30, 2026) ## Summary Attempts to end **birthright citizenship** guaranteed by the [[Fourteenth Amendment]] by directing federal agencies to deny citizenship to children born in the U.S. whose parents are not citizens or lawful permanent residents. Signed on Trump's first day in office as the highest-profile immigration executive action. ## Key Provisions 1. Directs the State Department to refuse U.S. passports to children born on U.S. soil to non-citizen/non-LPR parents 2. Directs SSA to deny Social Security numbers to affected children 3. Effective date set for 30 days after signing (February 19, 2025) ## Legal Status Multiple federal courts immediately blocked the order: - **Temporary restraining orders** issued by judges in Washington, Maryland, and Massachusetts - Constitutional scholars across the political spectrum (including conservative originalists) have called the order unconstitutional under the 14th Amendment's Citizenship Clause - The 14th Amendment states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States" **Struck down (June 30, 2026).** In [[Trump v. Barbara]] (No. 25-365), the Supreme Court ruled **6–3** against the administration and struck the order down. Chief Justice [[John Roberts]]'s majority opinion held that U.S.-born children of unlawfully or temporarily present parents are "subject to the jurisdiction" of the United States and citizens at birth under the [[Fourteenth Amendment]], tracing the rule through [[United States v. Wong Kim Ark]] (1898). The constitutional holding was only **5–4**: Justice [[Brett Kavanaugh]] concurred in the judgment on statutory grounds (the order violated 8 U.S.C. §1401(a)) and wrote that Congress could amend the statute to create exceptions — a legislative roadmap for pursuing the same goal by other means. Justices Thomas, Alito, and Gorsuch dissented. The order was never enforced during its lifetime. ## KB Significance EO 14160 represents the most direct executive challenge to a constitutional amendment since the [[American Civil War]] era. It connects to the KB's documentation of Stephen Miller's immigration agenda, the [[Tanton Network]]'s long-term strategy, and the broader pattern of executive overreach documented across the Trump administration entries.