The Trump administration issued an executive order Jan. 20 aimed at ending birthright citizenship in the United States. Fordham Law Professor Jennifer Gordon spoke to Fordham Now, sharing her insights on the likely legal road ahead for the executive order.
Fordham Now: In your opinion, how likely is the Trump administration to successfully end birthright citizenship?
Jennifer Gordon: It’s unlikely the administration will succeed. The 14th Amendment of the Constitution established birthright citizenship, and Supreme Court cases interpreting the law have upheld the right for over 125 years. The federal judge who heard the case that was brought last week to challenge the Trump action declared the president’s order “blatantly unconstitutional,” saying “I have been on the bench for over four decades. I can’t remember another case where the question presented was as clear.”