
How Trump’s birthright citizenship executive order could impact AA+PI communities
Can he actually end birthright citizenship?
United States v. Wong Kim Ark cemented the principle of birthright citizenship under the 14th Amendment in 1898.
Photo illustration by Ryan Quan
Words by Michelle De Pacina
In 1898, a young Chinese American cook from San Francisco named Wong Kim Ark stood at the center of a landmark legal battle that would define what it means to be American. Born in the United States to Chinese immigrant parents, Wong’s citizenship status was challenged when he was denied reentry into the country after a trip abroad. His case, United States v. Wong Kim Ark, made its way to the U.S. Supreme Court, which ultimately ruled in his favor, cementing the principle of birthright citizenship under the 14th Amendment.
This decision has since served as a cornerstone for countless Americans, including AA+PIs, securing their place in the fabric of this nation. However, as threats to birthright citizenship resurface in contemporary legal and political debates, the legacy of Wong’s case and its critical importance to the AA+PI community come sharply into focus. What would it mean if this foundational right were taken away?
Trump’s birthright citizenship executive order
President Donald Trump is once again under fire for issuing an executive order that seeks to redefine birthright citizenship, just after being sworn in for his second term on Jan. 20. Trump’s order seeks to deny citizenship to babies born in the United States if their parents are not U.S. citizens or lawful permanent residents. This move contradicts the U.S. Constitution’s 14th Amendment, which unequivocally guarantees citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” There is no mention of a person’s parentage.
Critics argue that this move undermines more than a century of legal precedent and risks creating a permanent subclass of individuals excluded from basic rights. The order has immediately faced swift legal opposition, with at least five lawsuits filed by 22 states and various immigrants' rights groups. On Jan. 23, U.S. District Judge John C. Coughenour, who serves in the Western District of Washington in Seattle and whose jurisdiction covers western Washington, called the executive order “blatantly unconstitutional” and went on to temporarily block it for the next 14 days pending further arguments. During this period, both sides will submit additional legal arguments, with a follow-up hearing scheduled for Thursday to determine whether to issue a preliminary injunction that could extend the block as the case progresses.
Can Trump actually overturn this ruling?
Most legal experts agree that Trump cannot unilaterally end birthright citizenship through an executive order. Such a fundamental alteration requires a constitutional amendment, a rigorous process involving approval by a minimum two-thirds of Congress and ratification by at least 38 states.
However, Trump's team plans to appeal Coughenour’s order, anticipating the case will ultimately reach the U.S. Supreme Court. U.S. Sen. Lindsey Graham (R-S.C.), a supporter of Trump’s immigration agenda, expressed confidence, noting that there is a “good chance” that the Supreme Court will rule in Trump’s favor on the issue of birthright citizenship.
The ALC lawsuit against the order
Immigrants’ rights groups, including the Asian Law Caucus (ALC) and the American Civil Liberties Union (ACLU), have filed a lawsuit together claiming the order is unconstitutional and a violation of the 14th Amendment. The lawsuit seeks to block the executive order, calling it “reckless and ruthless.” Critics warn the order would create a permanent underclass, disproportionately affecting children of immigrants and communities of color. Advocates argue that it violates constitutional guarantees, disrupts long-standing legal precedents, and disregards American values of fairness and inclusivity.
“Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is. This order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the U.S. who are denied full rights as Americans. We will not let this attack on newborns and future generations of Americans go unchallenged. The Trump administration's overreach is so egregious that we are confident we will ultimately prevail,” Anthony D. Romero, executive director of the ACLU, said in a press release.
Impact on immigrant communities
The executive order has sparked fear and uncertainty among immigrant families. Many parents-to-be, like a couple from the New Hampshire Indonesian Community Support group, are concerned about the future of their children. The couple seeking asylum, with the mother in her third trimester, fears their baby would be classified as an undocumented noncitizen under the order.
“Under this executive order, their baby could be denied basic health care and nutrition assistance, putting the newborn at grave risk at such a vulnerable stage of life,” Kimberly Leung, one of ALC’s lead attorneys on the case, tells JoySauce. “These stories echo across the country, and our lawsuit seeks to stop these harms from ever happening.”
This move disproportionately impacts immigrant communities, who have historically benefitted from birthright citizenship. Since the 1898 Wong Kim Ark decision, countless immigrant families have built their futures on this principle. In 2016, about 250,000 babies were born to unauthorized immigrant parents. By 2022, 1.2 million U.S. citizens had been born to unauthorized immigrant parents. If birthright citizenship ends, the cumulative effect could increase the number of unauthorized immigrants to 4.7 million by 2050, according to the Migration Policy Institute.
“In 2019 alone, 85 percent of H1-B visa holders were from China or India. America wants their talent and creativity, and yet, this order sends the message that no matter how much people contribute to their communities and to the country, their children will never fully belong.”
If enforced, Trump's executive order could have devastating effects on AA+PI families, particularly those on work or student visas, as well as refugees and asylum seekers. Children of non-citizens could be denied basic rights like health care, Social Security numbers, and passports, limiting their future opportunities, including voting and employment.
“For some data context, many people from countries like India and China hold work and student visas,” Leung explains. “In 2019 alone, 85 percent of H1-B visa holders were from China or India. America wants their talent and creativity, and yet, this order sends the message that no matter how much people contribute to their communities and to the country, their children will never fully belong.”
Long-term implications if birthright citizenship were eliminated
This legal precedent has been especially critical for AA+PI communities, many of whom faced exclusionary immigration laws throughout U.S. history. From the Chinese Exclusion Act to post-Sept. 11 surveillance and deportations of Muslim, Arab, Middle Eastern, Sikh, and South Asian communities, politicians have repeatedly used public health, safety, and national security claims to justify their racism and discrimination. Trump’s move follows this pattern, reinforcing harmful narratives and increasing the risk of profiling, exclusion, and legal instability for Asian and other marginalized communities, according to Leung.
Despite these barriers, birthright citizenship allowed successive generations of AA+PIs to secure legal protections, access education, build careers, and contribute to the fabric of American society. With citizenship comes the ability to fully participate in American life, including voting, access to federal and state benefits, and protections under the law.
For AA+PI communities, who often experience xenophobia and discrimination, citizenship provides a safeguard against deportation and a sense of permanence in the only country many have ever called home. Birthright citizenship has enabled families to stay united and pursue the American dream without the looming fear of legal instability.
However, eliminating birthright citizenship could destabilize communities and undermine the promise of equality enshrined in the Constitution. It would disproportionately affect racial and ethnic minorities, reviving a racialized hierarchy of citizenship. Trump’s executive order could likely fuel racial profiling and discrimination, targeting those who "look" or "sound" like they might not belong—a reality many AA+PIs already grapple with. Long term, it risks creating generations of stateless children, forcing hospitals into immigration enforcement and imposing a costly, unprecedented bureaucracy.
Steps to safeguard rights
Beyond the lawsuit, protecting immigrant rights requires educating communities about their legal protections and access to assistance. Advocacy is also crucial—rather than fostering fear and division, efforts should focus on creating a fair immigration system with clear pathways to citizenship. Many aspiring citizens face years of obstacles due to slow-moving processes, and Trump’s actions threaten to strip away their rights instead of addressing real issues like economic stability and community safety.
“We must also continue to advocate for what we really need,” Leung says. “Most Americans believe that we should have an immigration system that is rooted in our values and that helps people put down roots and thrive—and in the face of these unconstitutional attacks, we can join together to fight for what our communities truly need.”
The Trump administration’s attempt to dismantle birthright citizenship faces significant legal hurdles and widespread opposition. As the lawsuit proceeds, it will serve as a test for the resilience of constitutional protections in the face of executive overreach.
Published on February 4, 2025
Words by Michelle De Pacina
Michelle De Pacina is a Filipino reporter who covers a wide range of topics, including breaking news, music, entertainment, crime, culture, and politics. Currently pursuing her master’s degree in journalism at NYU, the New Jersey-based writer is passionate about amplifying diverse voices, with a particular focus on championing Filipino stories and social issues. Follow her on Instagram at @michdepacina.
Art by Ryan Quan
Ryan Quan is the Social Media Editor for JoySauce. This queer, half-Chinese, half-Filipino writer and graphic designer loves everything related to music, creative nonfiction, and art. Based in Brooklyn, he spends most of his time dancing to hyperpop and accidentally falling asleep on the subway. Follow him on Instagram at @ryanquans.