Can birthright citizenship be changed? - Harvard Law School
Harvard Law SchoolJUN 2025
The Constitution guarantees citizenship to all born on American soil regardless of parents' status. This order violates 150 years of established law and would create a hereditary caste system denying basic rights to American-born children.
The president lacks constitutional authority to unilaterally change citizenship rules through executive action. Only Congress can modify citizenship laws, and neither branch can reduce protections below the constitutional minimum established by the 14th Amendment.
This ruling exploits the class-action loophole Justice Alito warned against, allowing district courts to circumvent Supreme Court restrictions on nationwide injunctions. The misuse of nationwide class relief undermines the high court's recent decision.
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