“The phrase “birthright citizenship” is used in the U.S. context to refer to citizenship by virtue of where you’re born, rather than by who your parents are, and that citizenship is determined at birth. We also have laws on inheriting citizenship from your parents if you’re born outside the country, and that could also be called birthright citizenship. But generally, we’re talking about birth inside the territory, which in Latin is called jus soli.” – says Gerald Neuman ’80, the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at Harvard Law School.
On January 20, 2025, President Donald Trump signed an executive order called “Protecting the Meaning and Value of American Citizenship,” aimed at ending birthright citizenship for children born in the United States to undocumented immigrants or those on temporary visas. The move directly challenges the Fourteenth Amendment of the Constitution, which grants automatic citizenship to anyone born on U.S. soil. For communities like CSUSB, where many students are first-generation college-goers and some faculty and staff hold temporary work visas, this issue raises significant concerns about fairness, equality, and the power of the presidency.
The Fourteenth Amendment was added to the Constitution after the Civil War to ensure that all people born in the U.S. would be recognized as citizens, regardless of their race or the legal status of their parents. Harvard Law Professor Gerald Neuman, an expert on citizenship law, says the president does not have the authority to change these rules. “The president has no authority to change citizenship rules at all,” Neuman explained, emphasizing that only Congress can make changes to citizenship laws, and even Congress cannot reduce the rights guaranteed by the Constitution. Neuman also highlighted that the amendment was specifically designed to prevent a group of people from being born stateless or excluded from society.
Birthright citizenship, also known as jus soli (right of the soil), ensures that children born in the U.S. are treated equally under the law, regardless of their parents’ immigration status. This principle prevents the creation of a permanent underclass of people who lack rights and protections. Neuman noted that critics sometimes argue that birthright citizenship is exploited by “birth tourism,” where individuals come to the U.S. temporarily to give birth so their child can gain citizenship. However, he called these cases rare and pointed out that punishing children for their parents’ actions undermines the Constitution’s purpose of equal treatment for all.
The president’s executive order has already faced legal challenges. A federal judge in Seattle temporarily blocked the order, calling it “blatantly unconstitutional.” This legal response reflects the strong protections built into the Fourteenth Amendment and the limits of executive power. According to Neuman, “There’s only one reasonable answer to this issue, and it’s rooted in the Constitution.” Judges hearing the case will also consider citizenship laws that reinforce the amendment’s protections, further complicating the administration’s ability to enforce the order.
For CSUSB and the Inland Empire, the debate around birthright citizenship hits especially hard. As a Hispanic-serving institution, many of our students come from immigrant families, and some are directly impacted by immigration policies. Faculty and staff working on H1-B visas also face uncertainty when executive actions challenge long-standing rules. For these groups, birthright citizenship is not just a legal principle—it is a lifeline that ensures inclusion, equal opportunity, and protection under the law.
This issue also highlights the broader question of presidential power and its limits. While executive orders allow presidents to take swift action, they cannot override the Constitution. The Fourteenth Amendment was designed to ensure fairness and equality for all people born in the U.S., and it continues to protect individuals from discriminatory or exclusionary practices. As the legal challenges move forward, communities like ours at CSUSB must stay informed and engaged. This debate reminds us of the importance of protecting constitutional rights, particularly for vulnerable populations. For first-generation students, immigrant families, and faculty and staff on visas, birthright citizenship is more than a legal concept—it is a foundation for opportunity, belonging, and the promise of equality.
