President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House, Monday, Jan. 20, 2025, in Washington. (AP Photo/Evan Vucci)
WASHINGTON – In an unprecedented move, President Trump signed an executive order to end birthright citizenship on his first day back in office. This action has sparked immediate and fierce resistance from legal experts, human rights organizations and the judiciary.
A federal judge in Seattle recently declared the executive order “blatantly unconstitutional,” setting the stage for a historic legal battle likely to reach the US Supreme Court.
The Global Migrant Heritage Foundation (GMHF), a leading voice for Filipino immigrant rights based in Metro Washington, DC, issued a powerful position statement the same day the executive order was signed.
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The statement underscored the constitutional, moral and societal implications of this unprecedented move.
The 14th Amendment and the Constitution’s unyielding promise
At the heart of the opposition lies the unequivocal language of the 14th Amendment, which states:
ADVERTISEMENT“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
This clause, rooted in the post-Civil War Reconstruction era, was specifically designed to ensure that all individuals born on American soil are granted citizenship, regardless of race, ethnicity, or parental status.
The US Supreme Court affirmed this principle in United States v. Wong Kim Ark (1898), guaranteeing citizenship to children born in the US, even if their parents were non-citizens.
ADVERTISEMENTPresident Trump’s executive order attempts to bypass this constitutional guarantee, an action that clearly exceeds the authority of the executive branch.
As reaffirmed in cases like Plyler v. Doe (1982), any change to fundamental constitutional rights must go through Congress, not through unilateral executive action.
Federal court ruling: A beacon of constitutional integrity
In a landmark decision, a federal judge in Seattle ruled against the executive order, calling it a direct violation of the 14th Amendment. The judge emphasized that birthright citizenship is a cornerstone of American democracy and that no president has the authority to unilaterally alter the Constitution.
“This Executive Order is an unconstitutional overreach that blatantly disregards the separation of powers,” the judge declared. “The 14th Amendment is clear and unambiguous in its guarantee of citizenship to all born on US soil.”
Legal experts expect the government to file a petition for certiorari, pushing the case to the US Supreme Court. The Seattle ruling serves as a critical precedent, signaling strong judicial resistance to attempts to erode constitutional rights through executive fiat.
Moral and social ramifications
Beyond its legal failings, Trump’s executive order carries profound moral and societal consequences.
The GMHF warns that revoking birthright citizenship risks creating a generation of stateless individuals, disproportionately affecting children of immigrants. Such a policy directly contradicts the Universal Declaration of Human Rights, which affirms the right to nationality for all.
In an interview with Bagong Pilipinas Ngayon on Tuesday, DTI Undersecretary Allan Gepty said the market share of fresh bananas in South Korea dropped to 65 percent in 2023 from a high of 98 percent in 2013.
“This policy dehumanizes immigrant communities and undermines the principles of fairness and inclusivity that define America,” said Jessie Gatchalian, GMHF co-executive director. “It sows division, systemic inequality, and distrust in democratic governance.”
Birthright citizenship has historically served as a pathway for immigrant families to integrate into American society. Stripping this right jeopardizes the social fabric and economic contributions of millions.
Immigrant families and their US-born children form a vital part of America’s labor force and tax base. Disrupting this dynamic could lead to significant economic instability.
A call to action
The GMHF calls on all Filipino Americans and other immigrant communities to unite in defense of the Constitution and the values that underpin the nation.
“The fight to preserve birthright citizenship is not just a legal battle—it is a fight for the soul of our nation,” the Foundation’s statement declared.
jilibetAs the case heads toward an inevitable showdown in the Supreme Court, the stakes could not be higher. Preserving the 14th Amendment’s guarantee of equality and citizenship is essential to ensuring that America remains a land of opportunity and justice for all.
The Seattle ruling is a pivotal victory, but the journey is far from over. The nation must stand firm against efforts to erode the Constitution, protecting the rights of future generations and reaffirming America’s commitment to democracy, inclusivity and equality.
Atty. Arnedo S. Valera is the executive director of the Global Migrant Heritage Foundation and managing attorney at Valera & Associates, a US immigration and anti-discrimination law firm for over 32 years. He holds a master’s degree in International Affairs and International Law and Human Rights from Columbia University and was trained at the International Institute of Human Rights in Strasbourg, France. He obtained his Bachelor of Laws from Ateneo de Manila University.
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