Summary of Key Points
In 2025, when Donald Trump took office, he signed an executive order attempting to revoke the rule that grants automatic citizenship to those born in the United States. However, the U.S. Supreme Court recently overturned this order by a vote of 6-3, upholding the principles established by the 14th Amendment to the Constitution and the Goldstein case from 126 years ago. Although Trump is dissatisfied with the decision, he can only hope that Congress will pass legislation to change the law, and for now, the fundamental right to citizenship upon birth remains intact.
I. How Did a Chinese Chef from Over 100 Years Ago Become the “Guardian” of Citizenship by Birth?
Many people are unaware that Americans' ability to claim “I am a citizen because I was born in the United States” is thanks to a Chinese chef named Goldstein. Born in San Francisco in 1873, Goldstein faced discrimination due to anti-Chinese laws. When he returned to the U.S. after visiting his family in China, customs officials refused to recognize his citizenship and detained him on a ship for four months before attempting to deport him. The Chinese community raised funds to hire top lawyers to fight the case all the way to the Supreme Court.
The Supreme Court ultimately ruled that anyone born within U.S. territory is automatically a citizen, regardless of their parents' nationality or race. This Goldstein case has become a century-old precedent, providing constitutional protection for the right to citizenship by birth, and any attempt to change this rule must go through this precedent.
II. Which Groups Does Trump’s Executive Order Aim to Deny Citizenship To?
Trump’s order essentially states that a child is only considered a citizen if at least one of their parents is a U.S. citizen or holds a green card. This targets two specific groups:
1. Children of illegal immigrants: Regardless of the parents' status, children born in the U.S. without legal immigration status are not considered citizens.
2. Children of temporary residents: For example, children born to parents with tourist visas (B1/B2), student visas (F1), or work visas (H1B) will not be granted citizenship even if their parents are citizens or hold green cards.
For instance, in the past, children born to parents with tourist visas could obtain a birth certificate and thus U.S. citizenship. Under Trump’s order, these children would not even be able to get a birth certificate or passport, let alone citizenship.
III. Why Can’t a Presidential Order Overrule the Constitution?
The United States has a system of separation of powers (the president, Congress, and the judiciary check each other), and presidential executive orders cannot override the constitution. As soon as Trump’s order was signed, 24 Democratic states and civil rights organizations filed lawsuits, and lower courts immediately froze its implementation, with judges stating that it was “clearly unconstitutional.” The Supreme Court’s ruling was even more decisive: Chief Justice Roberts cited the Goldstein case, arguing that Trump’s interpretation of the 14th Amendment lacked sufficient evidence. In other words, a decision made over 100 years ago has established the rule, and to change it, either Congress would need to amend the constitution (which is extremely difficult, requiring approval from two-thirds of both chambers and three-quarters of the states) or the Goldstein case would need to be overturned (which is almost impossible), making Trump’s order doomed to fail.
IV. What Are the Implications for Us?
1. Children of temporary residents are temporarily safe: Children born to parents with tourist or temporary visas can still obtain citizenship automatically, but there may be changes in the future as Trump plans to push for legislative change, and the Department of Justice has expressed intentions to address “birth tourism” (e.g., by strictly reviewing the purpose of visas for childbirth).
2. Children of international students and workers are unaffected: As long as they are born in the U.S., their citizenship is guaranteed regardless of their parents’ visa status.
3. There is still uncertainty ahead: Although the Supreme Court has upheld the current rule, Congress could pass new legislation to change it. However, such legislation would be challenging to achieve, requiring bipartisan agreement, so there are no immediate changes expected.
In Conclusion
The fundamental right to citizenship by birth remains for now, but the legal landscape is constantly evolving. The struggle led by Goldstein over 100 years ago continues to protect millions of people today. Our role is to monitor any changes in the law and plan accordingly. After all, every effort by ordinary citizens to uphold their rights can serve as a safeguard for future generations.