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Black and white historical photograph showing a group of Chinese people, including children and adults, dressed in traditional clothing. An elderly man leans down to interact with two small children wearing striped outfits and hats, while another child in a vest and hat holds one of their hands. Other adults stand nearby, some wearing long robes and hats. The scene appears to take place outdoors near a large wooden structure.

The Legacy of Birthright Citizenship in The U.S.

February 12, 2025

The Legacy of Birthright Citizenship in The U.S.

Ask students: What does the executive order issued by the Trump administration say about birthright citizenship?

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On his first day in office, President Donald Trump signed an executive order to end universal birthright citizenship and limit it at birth to people with at least one parent who is a permanent resident or citizen. A federal judge put the order on hold, but if upheld, Trump’s move could upend a 120-year Supreme Court precedent. Stephanie Sy reports on the history and legacy of that case.

View the transcript of the story.

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Discussion Questions

  1. What does the executive order issued by the Trump administration say about birthright citizenship?
  2. When did birthright citizenship become the law through Constitutional amendment?
  3. Who was Wong Kim Ark, and what role did he play in establishing birthright citizenship?
  4. How did the Fourteenth Amendment overturn the Dred Scott Supreme Court decision?
  5. Why does the Trump administration argue that birthright citizenship should not be applied to children of undocumented immigrants?

Focus Questions

  • The Fourteenth Amendment was enshrined following the Civil War and established citizenship for formerly enslaved people. Why do you think birthright citizenship for nearly all people born in the U.S. was established in the 14th Amendment of the Constitution?
  • What is one fact of history presented in this segment that surprised you, or that you didn't already know?
  • Media literacy: Who might you talk to to better understand how birthright citizenship has shaped U.S. history?

Extension Activity

Read through the Fourteenth Amendment. Then discuss as a class — how has this amendment shaped life in the United States since its passing? Other than the example of Wong Kim Ark, when in the past has the Fourteenth Amendment been ignored by state officials and legislatures?

Teachers — you may want to assign students a research question as homework: have them identify and describe a Supreme Court decision that established who was considered a U.S. citizen, who was not and what rights were associated with citizenship.

For the latest on the Trump administration's attempts to overturn established rules of birthright citizenship, see these stories. For more on birthright citizenship, check out the following video.

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Republished with permission from PBS NewsHour Classroom.

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PBS News Hour Classroom helps teachers and students identify the who, what, where and why-it-matters of the major national and international news stories. The site combines the best of News Hour's reliable, trustworthy news program with lesson plans developed specifically for... See More
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