The War on Birthright Citizenship Has Only Just Begun
A legal challenge has been launched against a 2025 executive order by Donald Trump that restricts birthright citizenship to children of US citizens or green-card holders. The policy has created significant uncertainty for families of non-citizens, leading to lawsuits regarding the interpretation of the Fourteenth Amendment.
Why it matters
The case represents a major constitutional battle over the definition of citizenship and the scope of executive power in immigration policy.
The conservative legal movement never considered Roe v. Wade to be the final word on abortion. It doesn’t consider Trump v. Barbara to be the final word on the Fourteenth Amendment.
Concept by Oliver Munday; Illustration by The Atlantic August 31, 2026, 7 AM ET Share Save Early last year, a woman named Liza and her husband were busy preparing for the birth of their child. On top of the normal stresses of pregnancy, they faced another, less typical concern: that their baby would be stateless. The couple had left Russia for the United States. Liza is legally in the U.S. on a temporary status, and her husband is seeking asylum. They could in theory have applied for Russian citizenship for the baby at the consulate, though Liza told me that would have been risky, in light of her husband’s asylum application.
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