Why is Trump ending US birthright citizenship and how will it impact the immigrants?

On his first day back in office, President Donald Trump reignited debates over immigration policy by issuing an executive order targeting birthright citizenship for children born in the United States to undocumented immigrants.

The order, announced on Monday evening, seeks to redefine citizenship provisions under the 14th Amendment, a cornerstone of the U.S. Constitution.

“The federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States,” a Trump official stated during a briefing, as per a report by USA Today.


The executive action aligns with Trump’s long-standing campaign pledge to end birthright citizenship, a policy he previously criticized as a loophole encouraging illegal immigration.

Understanding the 14th Amendment

The 14th Amendment, ratified in 1868 following the Civil War, was a transformative measure granting citizenship and equal rights to formerly enslaved individuals.

Its first section 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."

The phrase “subject to the jurisdiction thereof” has been interpreted by legal scholars and affirmed by Supreme Court rulings to include nearly all individuals born on U.S. soil, with exceptions such as children of foreign diplomats.

This interpretation underpins the principle of birthright citizenship, making it a deeply entrenched legal standard.

However, Trump’s administration aims to redefine this clause, asserting that it should exclude children born to undocumented immigrants.

Libertarian think tank Cato Institute and many constitutional experts have labeled such reinterpretations as “unorthodox” and inconsistent with legal precedent.

Birthright Citizenship

Contrary to Trump’s claims that the U.S. is unique in granting birthright citizenship, a report from the Law Library of Congress highlights that more than 30 countries worldwide provide citizenship by birth.

Nations such as Canada and most Latin American countries uphold similar policies, demonstrating the global prevalence of this principle.

Legal and Policy Implications

While the executive order marks a bold step in Trump’s immigration strategy, its implementation faces significant hurdles.

Legal experts anticipate challenges in federal courts, mirroring the protracted legal battles over Trump’s controversial “Muslim ban” during his first term.

The Supreme Court is likely to play a pivotal role in determining the order’s constitutionality, potentially delaying its impact.

Beyond its legal ramifications, the order forms part of a broader immigration crackdown by the second Trump administration.

On the same day, the government announced the suspension of the CBP One app, which facilitated immigration appointments, and vowed to accelerate the deportation of undocumented migrants.

Birthright Citizenship as a Campaign Cornerstone

The effort to end birthright citizenship was central to Trump’s Agenda47 policy platform during his campaign.

In interviews and speeches, Trump frequently emphasized the need to reinterpret the 14th Amendment, arguing that citizenship should be reserved for individuals “both born in AND subject to the jurisdiction of the United States.”

FAQs

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