Birthright citizenship, a constitutional right guaranteed by the 14th Amendment, is the principle that anyone born on U.S. soil automatically becomes a citizen, regardless of the citizenship of their parents. This protection is rooted in the aftermath of the Civil War in an effort to grant legal and civil rights to Black Americans. 

The executive order directs federal agencies to stop issuing citizenship documents to children born to undocumented parents or to parents in the country on temporary visas. A federal judge in Seattle issued a temporary halt to the order, calling it unconstitutional. The Trump administration has vowed to appeal, raising questions about the future of birthright citizenship in America. 

To answer some of those questions, Fordham Now consulted Jennifer Gordon, an immigration law expert and professor at Fordham Law School. Gordon shared 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.” 

FN: The order argued that children of undocumented immigrants are not “subject to the jurisdiction of U.S. laws” and therefore the 14th Amendment doesn’t apply to them. Does that hold water legally? 

JG: That interpretation of the 14th Amendment was first rejected by the Supreme Court in the Kim Wong Ark case 125 years ago, and every time the argument has been made before the Supreme Court since, it has failed. 

In practical terms, federal, state, and local governments recognize undocumented immigrants as “subject to the jurisdiction” of U.S. laws in all areas, holding them to the obligation to comply with all civil statutes and all criminal ones, illustrating that they do in fact fall within the 14th Amendment’s birthright citizenship protection. The only people who fall outside the 14th Amendment in this regard are the few individuals who truly are not subject to U.S. jurisdiction, for example, high-ranking diplomats, who cannot even be held accountable for traffic tickets.

FN: Some critics of Trump’s order have said the only way to end birthright citizenship is through a constitutional amendment. Do you agree, and how likely do you think that is?

JG: The Supreme Court has the power to end birthright citizenship by overruling its longstanding interpretation of the 14th Amendment, although it seems unlikely that it would do so. 

The only other way to change birthright citizenship is through a constitutional amendment. That would require that the proposed amendment pass Congress by a two-thirds vote (not the ordinary simple majority), and then be approved by three-quarters of the states, or 38 out of 50. This cumbersome process rarely ends in the passage of an amendment; no amendment has passed since 1992.

Landau will be formally installed in his new role in a ceremony on Sept. 12. Fordham Now sat down with him to discuss his vision for Fordham Law.

You taught at Fordham Law for many years and won the school’s Teacher of the Year Award twice. What did you enjoy about teaching, and how will it inform your role as dean?

Teaching has always been a highlight of my career. There’s something truly special about witnessing students tackle complex legal questions and watching them grasp new ideas. It’s a privilege to dive into the legal subjects I enjoyed most as a practicing attorney and see them come alive in new ways in the classroom. And Fordham students are amazing. They come to class prepared and ready to engage.

In your opening message to the Fordham community, you said that Fordham Law is well-positioned to address the “major challenges of our time,” including the polarization placing strains on our legal and political institutions. With a presidential election coming up, that polarization is likely to reach a fever pitch. How can Fordham Law address this challenge?

Fordham is committed to an environment in which students engage with diverse perspectives and develop the skills to counsel clients from all walks of life. Our graduates possess a unique ability to listen attentively, speak with clarity, and bridge divides. We are also unique for our community of trust—a place where people have respect for differing viewpoints and extend grace to those with whom they might disagree. When challenges arise, we get to lean into that communal fabric, and it makes a big difference.

You’ve spent your career working on behalf of marginalized communities, from recent immigrants to LGBTQ+ Americans. How will you continue this work as dean?

Fordham Law has a proud tradition of being a school of opportunity, opening doors for those who face barriers to a legal education. We are a place where students from diverse backgrounds come together, and we see ourselves as a positive force for change. This aspect of Fordham’s identity resonates very strongly with my work in social and legal movements, uniting people around common causes while driving change. I’m committed to continuing this work at Fordham, and I’m excited about it. We have always been—and will continue to be—a law school that promotes an education that brings out the best in everyone so that the broadest range of students can access the transformative power of legal education.

In an article you co-wrote with your predecessor, Dean Matthew Diller, you said that law schools must educate students about new technology emerging in the legal field, including virtual litigation tools, remote networking, and artificial intelligence. What steps should law schools be taking to ensure future lawyers use these technologies effectively and ethically?

The pace of technological change has been astounding, and not just in areas like AI. Law schools must stay ahead by equipping students not only to understand these tools but also to be leaders in shaping their future. Fordham Law School is positioning itself at the epicenter of law and technology. This means hosting conferences where the most important discussions on technology and the law take place, creating tech-focused competition teams, and fostering partnerships that expose students to real-world tech-driven legal problems. Our students engage with pressing issues such as AI and its intersection with ethics, bias, privacy, and both domestic and global regulation—preparing them for leadership in a rapidly evolving legal landscape.

You have said that Fordham Law operates “more fluidly across the theory-practice divide” than any other law school in the world. Can you explain what that means and why it makes you proud?

Some law schools focus heavily on abstract legal theory, while others train students solely for specific events like the bar exam. At Fordham, we excel at finding the ideal balance between those two approaches. Our students graduate with both a deep understanding of legal principles and the skills to apply them in real-world contexts—whether in private practice, government, or public service, and our alumni do some of the most important and sophisticated work across the legal field. This dual focus on both academic excellence and professional preparedness also defines our extracurricular offerings, competitions, and professionalism training. It’s what makes Fordham Law unique and why our alumni are so successful throughout the profession.

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