By Guest Columnist John Cashin
Columnist
(December 1, 2025) — Birthright Citizenship is legally defined to mean born on the soil of (Jus Soli)/or the jurisdiction of the United States, regardless of parentage, hence Native Born. Also, one who is born to at least 1 American parent anywhere (Jus Sanguinis) upon application based on that parent’s national status at birth. Restrictions apply based on the INA (Immigration and Nationality Act) as amended by the Child Citizenship Act of 2000 to determine birthright citizenship.
However on January 20th, 2025 the current administration’s 1st day in office the following Executive Order was issued https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/
On 1/20/25, President Trump issued Executive Order (EO) 14160 denying citizenship to persons born from a mother who was unlawfully present in the United States and the father was not a U.S. citizen or lawful permanent resident (LPR) at the time of said person’s birth, or when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a U.S. citizen or LPR at the time of said person’s birth. (90 FR 8449, 1/29/25) Executive Order 14160 of January 20, 2025.
That Exec Order was quickly blocked by multiple universal preliminary injunctions issued by district court judges. Those cases were consolidated. On June 27, 2025, SCOTUS ruled 6-3 in Trump POTUS, ET AL vs CASA, Inc ET AL On Application For Partial Stay.
That same day, June 27, 2025, BARBARA vs TRUMP, POTUS ET AL class action case was filed as a Complaint For Declaratory And Injunctive Relief against Executive Order 14160. Then, on July 10, 2025, a U.S. District Court Judge issued a preliminary injunction indefinitely blocking the executive order from being enforced upon all those who would be impacted by the policy. Being for a certified class of born and unborn babies who would be deprived of their citizenship per the administration’s policy. About 150,000 such children are born here in the USA every year.
For more on classes of sovereignty & citizenship, please refer to BOYD v NEBRASKA ex rel. THAYER, 143 U.S. 135 (1892) SCOTUS 8-1 decision that held 10 new precedents concerning a State’s citizenship, United States citizens, the sovereign State’s power to naturalize, classes of citizenship thereto. I contend that until this 8-1 BOYD decision is revisited, nothing can change until another Amendment to the 1787 Constitution is proposed and ratified.