In one of his first major moves as the 47th president of the United States, Donald Trump has signed an executive order aimed at ending birthright citizenship, a constitutional provision that automatically grants American citizenship to anyone born on U.S. soil. This long-promised policy change has sparked a political and legal firestorm, as experts warn of significant hurdles to its implementation.
The executive order seeks to deny citizenship to children born in the United States to parents who are either undocumented immigrants or on temporary visas. However, the order does not propose applying the rule retroactively, raising questions about its scope and practicality.
Legal scholars have widely criticized the move, citing the 14th Amendment of the U.S. Constitution, which explicitly establishes birthright citizenship. According to its first sentence: “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.” Any change to this amendment would require a two-thirds majority in both chambers of Congress and ratification by three-quarters of the states—a process considered nearly impossible in today’s polarized political environment.
Saikrishna Prakash, a constitutional law expert from the University of Virginia, emphasized the challenges Trump is likely to face, told BBC, “He’s doing something that’s going to upset a lot of people, but ultimately this will be decided by the courts. This is not something he can decide on his own,” Prakash told the Financial Times.
The principle of birthright citizenship, enshrined in the 14th Amendment in 1868, was originally designed to secure citizenship rights for freed slaves after the Civil War. Its application was affirmed by the U.S. Supreme Court in the landmark 1898 case Wong Kim Ark v. United States, which held that children born in the U.S., regardless of their parents’ immigration status, are entitled to all rights of citizenship.
Critics of the executive order view it as an attempt to reshape U.S. immigration policy in ways that could disproportionately impact vulnerable communities. Pew Research estimates that about 250,000 babies were born to unauthorized immigrant parents in 2016, a figure that has since declined, reported BBC. However, the Migration Policy Institute warns that ending birthright citizenship could significantly increase the number of undocumented individuals in the U.S., reaching an estimated 4.7 million by 2050.
Trump has also hinted at broader deportation policies, including for children born to unauthorized immigrants. Speaking to NBC’s Meet the Press, he stated, “I don’t want to be breaking up families. So the only way you don’t break up the family is you keep them together, and you have to send them all back.”
The order has already drawn lawsuits from 18 states, the city of San Francisco, and the District of Columbia, setting the stage for a prolonged legal battle. Opponents argue that such actions undermine the Constitution and create uncertainty for millions of U.S.-born individuals.
Globally, more than 30 countries, including Canada and Mexico, maintain birthright citizenship under “jus soli” or the right of the soil. Some nations, such as the United Kingdom and Australia, apply stricter rules, granting automatic citizenship only when one parent is a citizen or permanent resident.
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