South Carolina Joins Legal Battle Over Trump’s Birthright Citizenship Order

Columbia, S.C. – South Carolina Attorney General Alan Wilson has joined a coalition of 17 state attorneys general in support of President Donald Trump’s executive order seeking to redefine birthright citizenship under the 14th Amendment.

The executive order, issued on Trump’s first day back in office, would deny U.S. citizenship to children born after February 19, 2025, if their parents are in the country illegally. The administration argues that the policy is necessary to curb illegal immigration and deter birth tourism. However, the order has already been blocked by a federal judge, setting the stage for a high-profile legal battle over the constitutional interpretation of the 14th Amendment.

A Constitutional Showdown Over Birthright Citizenship

At the heart of the debate is the first sentence of the 14th Amendment, ratified in 1868, which states:

“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.”

Wilson and other attorneys general argue that the amendment was intended to ensure citizenship for formerly enslaved individuals and their descendants—not to grant automatic citizenship to children of undocumented immigrants.

“The 14th Amendment was enacted to ensure that emancipated slaves were citizens,” Wilson said. “It was never meant to be a loophole so illegal aliens could have an anchor baby to allow the whole family to stay.”

However, legal experts point to more than a century of Supreme Court precedent affirming that anyone born on U.S. soil—regardless of their parents’ immigration status—is entitled to citizenship. Opponents argue that Trump’s order is unconstitutional and would overturn longstanding legal interpretations.

Legal Challenges and Nationwide Implications

Shortly after Trump signed the executive order, it was blocked by U.S. District Judge John Coughenour, who ruled that the measure was “blatantly unconstitutional.” The case is now moving through the legal system, with a hearing scheduled for February 6 to determine whether the order will be suspended while legal battles continue.

South Carolina has joined 17 other Republican-led states in supporting Trump’s order. The coalition includes Iowa, Alabama, Arkansas, Florida, Idaho, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, Utah, and Wyoming.

Meanwhile, at least 22 states have joined lawsuits challenging the order, setting up a legal fight that could reach the U.S. Supreme Court.

Congressional Efforts to End Birthright Citizenship

Beyond Trump’s executive action, some Republican lawmakers are working to permanently end birthright citizenship. Senator Lindsey Graham (R-SC), along with Senators Ted Cruz (R-TX) and Katie Britt (R-AL), has introduced the Birthright Citizenship Act of 2025, which aims to restrict automatic citizenship to children of U.S. citizens and lawful permanent residents.

The U.S. is one of approximately 30 countries that grant birthright citizenship, a policy that has been part of American law since the post-Civil War era. If Trump’s order is upheld—or if Congress passes legislation restricting birthright citizenship—it would represent one of the most significant changes to U.S. immigration policy in modern history.

What Comes Next?

The fate of Trump’s birthright citizenship order now rests in the courts. With legal arguments underway, the upcoming February 6 hearing will be a pivotal moment in determining whether the executive order remains blocked.

For now, South Carolina stands firmly with Trump, as Attorney General Wilson pushes for a reinterpretation of the 14th Amendment—a move that could have far-reaching implications for immigration, constitutional law, and the very definition of American citizenship.

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