Statement from the Law Offices of Robert Rettenmaier on President Donald Trump’s Executive Order Targeting Birthright Citizenship

We are writing to address a matter of great importance to many of our clients: the recent Executive Order issued by President Donald Trump on January 20, 2025, purporting to end birthright citizenship for certain children born in the United States.

This Executive Order seeks to reinterpret the Fourteenth Amendment of the U.S. Constitution, which has long been understood to grant citizenship to "all persons born or naturalized in the United States, and subject to the jurisdiction thereof." Such an attempt raises significant constitutional questions.

As of today, 22 states have filed lawsuits challenging the Executive Order, arguing that it exceeds presidential authority and is unconstitutional. These legal challenges are expected to result in federal courts issuing an injunction to prevent the Order's enforcement while litigation proceeds. Ultimately, the constitutionality of this action will likely be decided by the United States Supreme Court. The timeframe for a decision by the United States Supreme Court can be quite lengthy. A federal case involving injunctive relief and a controversial issue typically takes 2 to 5 years from filing to a Supreme Court ruling. During this period of time an injection against the Executive Order would remain in effect. What this means is the Order would not be enforced while the issue is being considered by the courts.

Based on our legal analysis and the precedents set by the Supreme Court, we believe this Executive Order is unlikely to withstand judicial scrutiny. The principle of birthright citizenship has been firmly rooted in American law for over 125 years, as reinforced by cases such as United States v. Wong Kim Ark (1898). Moreover, any permanent change to the established understanding of the Fourteenth Amendment would require a constitutional amendment, a process that demands approval by two-thirds of Congress and ratification by three-fourths of the states. Given current public opinion—polls indicate that a majority of Americans oppose ending birthright citizenship—and the political composition of state governments, such an amendment is highly improbable.

We understand that this Executive Order may create uncertainty and concern for international intended parents. Please be assured that the legal framework governing birthright citizenship remains unchanged as of today. Furthermore, please know this Order does not go into effect for 30 days and does not apply retroactively to ay baby already born. Courts are likely to halt the implementation of the Executive Order while they deliberate on its constitutionality.

Our firm is closely monitoring these developments and remains committed to keeping you informed. Should you have any specific concerns or questions about how this issue may impact your family, please do not hesitate to contact us.

Thank you for entrusting us with your legal needs. We stand ready to support you through this uncertain time.