January 2025, a day when U.S. President Donald Trump decided to end the birthright citizenship of children born in the United States if their parents are not U.S. citizens or lawfully permanent residents. Donald Trump signed this executive order on 20 January 2025, raising a controversial public and political debate. Some people favour it while others present clauses against this order. This order challenges the 150-year-old birthright citizenship that guarantees anyone born in the U.S. will be automatically a citizen.
This article explores:
- What is birthright citizenship?
- What does Trump’s executive order say?
- The legal and historical background of birthright citizenship
- Arguments for and against the executive order
- Legal challenges and what happens next
What Is Birthright Citizenship?
Birthright citizenship, also known as jus soli (Latin for “right of the soil”), is a principle that grants automatic citizenship to individuals born within the borders of a country. In the U.S., this is based on the 14th Amendment, 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.”
Origin of Birthright Citizenship
1898 Wong Kim Ark, a child of Chinese immigrant parents in the U.S., was denied re-entry into the United States because of his questionable citizenship. However, the Supreme Court denied all allegations and confirmed that he is a U.S. citizen because he was born there. This case is set as a landmark to conclude that every person born on U.S. soil will automatically gain legal residency in the U.S.
Donald Trump’s order to end birthright citizenship was inspired by other developed countries. In countries like Germany, Japan, and Switzerland, they follow jus sanguinis (right of blood), which means that citizenship travels from blood (parents), not by birth location.
What Does Trump’s Executive Order Say?
Donald Trump’s executive order challenge to the 14th Amendment in the U.S. Constitution states that a child born in the U.S. will not automatically gain U.S. nationality if:
1. The mother of the child was an illegal U.S. resident at the time of birth.
2. The mother was in the U.S. temporarily, like on a student, tourist, or work visa, and the father is also not a legal U.S. resident.
Who Will Be Affected?
This rule will apply to children born on or after 19th February 2025. The nationality of the children born before this date will not be affected. They will not lose their U.S. citizenship status. But it will create hurdles for millions of children born in the future, especially children of:
- Undocumented immigrants
- Foreign workers and students
- Tourists or short-term visitors.
Arguments in Favour of the Executive Order
Donald Trump and his allies long ago opposed birthright citizenship, saying it is a loophole in our system. They believe that it allows people to come to the U.S. in disguise as tourists only to give birth to children—a practice sometimes called birth tourism.
1. Stops People from Taking Advantage of the System
The supporters of this order argue that many undocumented immigrants and wealthy foreign nationals exploit birthright citizenship. They will come to the U.S. on a tourist visa and give birth to a child. As the child automatically gains U.S. citizenship, the family members will apply for visas or green cards based on the child’s citizenship.
2. Reducing Illegal Immigration
They also presented the case that it also increases illegal immigration. Many people will cross the borders illegally and then use this method to gain citizenship.
3. The 14th Amendment Was Not Meant for This
Some scholars also said that the 14th amendment in the U.S. constitution is concluded wrongly. It was meant to grant citizenship to freed slaves after the Civil War, not to grant automatic citizenship to children born on U.S. soil. The phrase “subject to the jurisdiction thereof” means that U.S. nationality will not be granted automatically to those who have allegiance to foreign governments.
Arguments Against the Executive Order
1. It is Likely Unconstitutional
Critiques argue that an order can’t change the birthright citizenship as it is unconstitutional. Changing this law requires a constitutional amendment, not an executive order.
2. It Will Create Stateless Children
If this law made applicable many children born in the U.S. will not gain nationality from any country. This is because some nations don’t give citizenship to children born abroad. All this chaos will leave these children stateless or without any nationality.
3. It Could Harm U.S.-Born Children
Many children of non-citizens grow up in the U.S. and become valuable members of the country. Denying birthright citizenship will cease opportunities for such children and increase inequality in the state.
Lawsuits Against the Executive Order
The question arises: Is the executive order to terminate birthright citizenship implemented?
The answer is NO.
Shortly after Donald Trump signed the executive order, several groups like the ACLU (American Civil Liberties Union) filed a lawsuit against it.
1. The order violates the 14th Amendment.
2. Only Congress or a constitutional amendment can change birthright citizenship.
3. It creates legal uncertainty for millions of children.
Court Response
In January 2025, the federal judge blocked the executive order, stating that it is “clearly unconstitutional.” It means the executive order will not be implemented unless approved by court as legal.
What Happens Next?
The case will probably end up in the Supreme Court. The court decision will decide whether to favour Donald Trump’s executive order and terminate birthright citizenship or the birthright citizenship will remain unchanged.
Conclusion: The Future of Birthright Citizenship
Donald Trump’s executive order to end birthright citizenship is one of the biggest challenges to U.S. immigration policy in modern history. While supporters believe it will reduce illegal immigration, critics warn that it violates the U.S. Constitution and could create stateless children.
As legal battles continue, the fate of millions of future children hangs in the balance. Will the U.S. remain one of the few countries with jus soli, or will it follow other nations that have abolished birthright citizenship?
Only time and the courts will decide.
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