Skip to main content

Rep. Chu Statement on President Trump’s Executive Order to Repeal Birthright Citizenship

January 21, 2025

WASHINGTON, D.C. —  On January 20, 2025, President Trump signed an Executive Order entitled “Protecting the Meaning and Value of American Citizenship,” which prohibits federal agencies including the Departments of State, Justice, and Homeland Security from recognizing  the citizenship of individuals who do not have at least one parent who is either a U.S. citizen or lawful permanent resident. The 14th Amendment to the Constitution grants citizenship to any person born in the United States, regardless of the immigration status of their parents. 

In response, Representative Judy Chu (CA-28) released the following statement:

“The President’s executive order seeking to end birthright citizenship is yet another attempt to place himself and his Administration above the law. But no executive order can supersede the United States Constitution, and birthright citizenship is enshrined in the 14th Amendment of our Constitution with no room for interpretation. This is a foundational principle of our country, that anyone can be an American – regardless of their national origin or the national origin of their parents. President Trump’s executive order does not change the Constitution, and so he cannot revoke birthright citizenship.

“President Trump’s attacks on birthright citizenship are not new and have already been resoundingly rejected. All the way back in 1895, Wong Kim Ark, a U.S.-born 24-year-old living in San Francisco, California, visited his family in China but was denied reentry to the U.S. upon his return. Wong took his case all the way to the Supreme Court, which affirmed birthright citizenship and ruled that, regardless of the immigration status of his parents, Wong was born on U.S. soil and was therefore a U.S. citizen. This decision was made even when the Chinese Exclusion Act of 1882 was still in place. 

“That is because the Constitution is clear. Regardless of the legal status or nationality of your parents, if you are born in the United States you are a U.S. citizen. It was true for Wong Kim Ark and it is true today.” 

Issues:Immigration