This executive order effectively promotes a chilling effect among immigrant communities and erodes health equity. Those impacted may be at risk of immigration enforcement and deportation despite previous legal citizenship status and lose benefits provided to United States Citizens. Directly impacted individuals may be stripped of their social security number, making them ineligible for employment, Medicaid and other federal benefit programs. These actions may erect barriers to preventative health care and worsen health disparities. In addition to lack of access to healthcare, ineligibility for employment and federal housing and food programs may result in reduced access to the conditions that support wellbeing and health, and ultimately may lead to adverse and permanent negative health outcomes.
A directive issued by the President that manages operations of the federal government. Executive orders have the force of law but must align with existing statutes and constitutional authority.
Who It Impacts: Federal agencies and employees, directing them on how to implement laws or carry out government functions. Executive orders can also influence businesses and individuals when they relate to issues like immigration, trade, or labor policies.
Who Is Not Impacted: Private citizens and businesses do not have to directly follow an executive order unless it leads to regulations or policies that apply to them. For example, an executive order directing federal agencies to increase renewable energy use does not mandate action from private companies, but it may influence policy shifts that eventually affect them.
Summary
This executive order seeks to redefine the meaning of Birthright Citizenship, as outlined in the 14th Amendment of the Constitution. This order purports that if an individual’s mother and/or father were not lawful citizens or permanent residents of the United States at the time of their birth or an individual’s mother was in the United States lawfully but only temporarily, and their father was not a permanent resident, they are not considered United States Citizens.
Impact Analysis
Legal Challenges
NH Indonesian Community Support v. Donald J. Trump
State of Washington et al v. Trump - UPDATE, Washington Judge Pauses enforcement as of 1/23/24
Casa Inc et al v. Trump et al - Maryland, granted injunction for the duration of the case
2/6/25 - preliminary injunction, Washington
State of New Jersey et al v. Trump (Mass)
County of Santa Clara v. Trump et al (N.D. Cal)
New York Immigration Coalition v. Trump et al (S.D.N.Y.) - filed 2/13/25
This is currently being challenged in the Supreme Court for the upcoming term. It has been challenged by states prior and multiple courts of appeals have blocked the order from taking effect.
Take Institutional Action
- Coordinate with local community members to determine how this impacts the communities you serve.
- Host "know your rights" workshops for immigrant populations.
- Host town halls, listening sessions or other campaigns to learn about the effects of this EO and also mobilize community voices to increase opposition to the implementation of this EO.
- Partner with advocacy agencies to share examples of how this policy has harmed community members.
- Support those pursuing legal challenges such as the National Asian Pacific American Bar Association (NAPABA; link: https://www.napaba.org/news/704706/).
Associated or Derivative Policies
Policy Prior to 2025
8 U.S.C 1401
Additional Resources
Racial Justice Analysis: Executive Order 14160: Protecting the Meaning and Value of American Citizenship (link: https://racism.org/trump-admin/12487-executive-order-14160)
Collins and Erman on Universal Injunctions and Birthright Citizenship in Trump v. CASA (link: https://michigan.law.umich.edu/news/collins-and-erman-universal-injunctions-and-birthright-citizenship-trump-v-casa)
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