President Donald Trump issued an executive order designating English as the official language of the United States on March 1, 2025.

Although many have attempted, Congress has never successfully passed a law establishing an official language.

What Does it Do, Specifically?

The order states very plainly in a single sentence:

English is the official language of the United States.

Practically, the order’s impact on the federal government is administrative and symbolic.

It doesn’t change any statutory language or override existing laws that require the provision of services in languages other than English, but it signals an intent to standardize language use in federal operations:

Executive Order 13166 of August 11, 2000 (Improving Access to Services for Persons with Limited English Proficiency), is hereby revoked; nothing in this order, however, requires or directs any change in the services provided by any agency. Agency heads should make decisions as they deem necessary to fulfill their respective agencies’ mission and efficiently provide Government services to the American people. Agency heads are not required to amend, remove, or otherwise stop production of documents, products, or other services prepared or offered in languages other than English.

Executive Order 13166, issued by President Bill Clinton in 2000, directed federal agencies to assess and improve their programs and services for individuals with limited English proficiency (LEP), identify barriers that may impede meaningful access to services, develop plans to overcome those obstacles, and ensure that language assistance services are provided. Its goal was to guarantee that LEP persons received equal access to federally funded programs and services, thereby enhancing the effectiveness and fairness of government operations.

Is This Executive Order Constitutional?

In short, yes.

But, how the administration ends up applying it could be unconstitutional.

The U.S. Constitution does not require or prohibit an official language. However, any law or policy making English the official language must comply with constitutional protections, including the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.

Here’s how constitutional issues might arise.

Fourteenth Amendment (Due Process Clause) and First Amendment (Freedom of Expression)

The government cannot restrict individuals from speaking other languages.

In the wake of anti-German sentiment after World War I, Nebraska passed the Siman Act in 1919 that imposed restrictions on providing educational instruction in foreign languages.

No person, individually or as a teacher, shall, in any private, denominational, parochial or public school, teach any subject to any person in any language other than the English language.

This was challenged the next year in Meyer v. Nebraska. In this case, a man named Robert T. Meyer taught reading in the German language to a fourth grader and was thus found guilty of violating the Siman Act.

The case made it to the U.S. Supreme Court, and in 1923 they ruled 7-2 that Nebraska had violated Meyer’s Fourteenth Amendment rights. From the majority opinion:

That the state may do much, go very far, indeed, in order to improve the quality of its citizens, physically, mentally and morally, is clear; but the individual has certain fundamental rights which must be respected. The protection of the Constitution extends to all, to those who speak other languages as well as to those born with English on the tongue. Perhaps it would be highly advantageous if all had ready understanding of our ordinary speech, but this cannot be coerced by methods which conflict with the Constitution – a desirable end cannot be promoted by prohibited means.

The Civil Rights Act of 1964

If an official English law or policy prevents access to government services for non-English speakers, courts may rule that it discriminates against certain groups. Public services such as education and the justice system, must accommodate non-English speakers in certain situations.

In 1974, the Supreme Court unanimously ruled in Lau v. Nichols that the lack of supplemental language instruction in public school for students with limited English proficiency violated the Civil Rights Act of 1964. From the case opinion,

The failure of the San Francisco school system to provide English language instruction to approximately 1,800 students of Chinese ancestry who do not speak English, or to provide them with other adequate instructional procedures, denies them a meaningful opportunity to participate in the public educational program, and thus violates § 601 of the Civil Rights Act of 1964, which bans discrimination based “on the ground of race, color, or national origin,” in “any program or activity receiving Federal financial assistance,” and the implementing regulations of the Department of Health, Education, and Welfare.

Federal vs. State Authority

Congress could pass a law making English the official language for federal purposes, and states could do the same within their jurisdictions. 31 states and all five U.S. territories have already designated English as their official language without constitutional challenges.

Where the federal government could get itself in trouble is trying to force the states to declare English as an official language as well. That would run afoul of the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Why Not Do This With a Law Instead of Executive Order?

In short, because it is unpopular and has repeatedly failed.

Here are five bills that were introduced and went nowhere:

• S.J.Res.72 – A joint resolution proposing an amendment to the Constitution of the United States with respect to proceedings and documents in the English language
• S.464 – A bill to declare English as the official language of the United States, to establish a uniform English language rule for naturalization, and to avoid misconstructions of the English language texts of the laws of the United States, pursuant to Congress’ powers to provide for the general welfare of the United States and to establish a uniform rule of naturalization under article I, section 8, of the Constitution
• S.678 – English Language Unity Act of 2021
• H.R.997 – English Language Unity Act of 2023
• H.R.1164 – To amend title 4, United States Code, to declare English as the official language of the Government of the United States, and for other purposes

This debate has gone on since the framers wrote the Constitution, and they notably left out any reference to establishing an official language within it.

Conclusion

In summary, proclaiming English as the official language is constitutional as long as the implementation does not infringe on fundamental rights or discriminate against non-English speakers in essential government services.

The order is a reflection of the nationalistic policies and mindset of the Trump administration.

It does not itself cause damage, but it could enable agencies within the Executive branch to do so.

Sources:

Executive Order: Designating English as the Official Language of The United States

Meyer v. Nebraska: 262 U.S. 390 (1923)

Lau v. Nichols: 414 U.S. 563 (1974)