Staff Reports
Constitutional law attorney Alan Dershowitz is not ready to bet the farm on President Donald Trump’s latest executive order, titled “Protecting the Meaning and Value of American Citizenship.” Despite the aura of confidence that surrounds the bold move, Dershowitz is signaling that legal challenges may have the upper hand in this clash between the executive branch and the Constitution.
In a predictably fiery start to his presidency, Trump signed an executive order aimed squarely at tightening the parameters for U.S. citizenship, particularly regarding those born on American soil. The order has drawn immediate fire from the American Civil Liberties Union (ACLU), which tossed a lawsuit into the ring, claiming the order runs afoul of the 14th Amendment. While Trump may have aimed to reshape birthright citizenship during his first term, he stalled out on doing much about it until now—apparently deciding in the eleventh hour to make a statement on Day One of his current administration.
Dershowitz has voiced skepticism about Trump’s executive action, even going so far as to label the idea of birthright citizenship as silly. Yet, he is equally cautious in his belief that the President can simply nullify it through an executive order. He maintains that resolving the intricate constitutional questions at play would probably need Congress to step in and lay down some legislation. In essence, Dershowitz believes the battle over who’s a citizen runs deeper than the President’s executive pen can legally reach.
The legal wrangling centers on the phrasing of the 14th Amendment itself, which has been exploited for years by those looking to twist its original intent. The Constitution states that anyone born or naturalized in the U.S. is a citizen, but Dershowitz highlighted a key nuance: being subject to the jurisdiction of the United States. Tracing back to its post-Civil War roots, that clause was meant to ensure that freed slaves were granted citizenship. The question now arises—do children born to illegal aliens fall under the umbrella of that provision? Dershowitz seems to think not, suggesting that a congressional effort is necessary to clarify this rather murky legal issue.
Alan Dershowitz Warns That Trump's "Birthright Citizenship" Executive Order Unlikely to Survive in Court https://t.co/5sVyFARnkJ
— Karen A. Wyle (@WordsmithWyle) January 22, 2025
Under Trump, the pledge to end loopholes in immigration law was made clear. He vowed to tackle the so-called “birth tourism” phenomenon and prevent the children of illegal aliens from claiming automatic U.S. citizenship. The strategy seems straightforward: tighten the legal screws to discourage illegal immigration and subsequently reduce the influx of individuals exploiting the citizenship loophole. The many positions that support Trump’s actions have pointed out that the original intent of the 14th Amendment had nothing to do with increasing immigrant citizenship; it was about correcting the injustices suffered post-Civil War.
Dershowitz’s analysis raises the larger question of executive authority and the fundamental limits of presidential power. Many think Trump is keenly aware of what he’s doing; laying this legal trap is a method to prompt a broader examination of citizenship laws by landing the issue squarely in the lap of the Supreme Court. With the legal fireworks set to illuminate the courtroom, observers are poised to see if this turns out to be an historic moment in constitutional interpretation—or simply another case of “let’s wait and see” in American politics. Whether or not Dershowitz feels like playing defense for the President remains to be seen, but one thing is clear: when the Constitution leads the conversation, the stakes are always high.
