Trump has ordered the end of birthright citizenship. That's easier said than done

President Donald Trump announced on Monday that his administration will stop recognizing the US-born children of individuals who entered the country illegally as American citizens. This decision directly challenges the constitutional guarantee of birthright citizenship, a principle upheld for more than 150 years.

Trump’s executive order instructs federal agencies to halt the issuance of citizenship documents, such as Social Security cards and passports, to such children starting 30 days from the order's issuance. The move is expected to spark significant legal battles, as the 14th Amendment of the US Constitution guarantees citizenship to all individuals born on American soil, regardless of their parents’ immigration status.

The 14th Amendment, ratified in 1868, 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.” Legal experts argue that this provision applies universally, with narrow exceptions such as children of foreign diplomats.


Trump’s order hinges on a reinterpretation of the 14th Amendment, suggesting that the “jurisdiction” clause excludes children born to individuals in the country illegally. “The 14th Amendment has never been interpreted to extend citizenship universally to everyone born within the United States,” Trump stated in the order.

Legal challenges likely to follow

Legal scholars and immigration experts largely dismiss this interpretation. Efforts to change or abolish birthright citizenship through an executive order are widely viewed as unconstitutional. Any amendment to the Constitution requires approval from two-thirds of Congress and ratification by three-quarters of the states.

President Trump has already been sued over the executive order minutes after he signed it. The lawsuit, filed Monday evening in New Hampshire, comes from a coalition of civil rights and immigration advocacy groups, including the American Civil Liberties Union (ACLU), NAACP Legal Defense and Educational Fund, and the Asian Law Caucus. These organizations argue that the executive order violates the US Constitution and poses severe risks for affected families.

Broader implications

The executive order directs federal agencies to deny children born in the US to unauthorized immigrants access to critical citizenship-affirming documents, effectively excluding them from public services such as education, healthcare, and housing benefits.

Critics argue this policy could have profound consequences for millions of American-born children. According to the Migration Policy Institute, around 4.7 million children under 18 live with at least one parent residing in the US without legal status.

Birthright citizenship worldwide

The United States is one of 33 countries offering unrestricted birthright citizenship, primarily in the Western Hemisphere. Other nations, such as the United Kingdom, Ireland, and India, have restricted or eliminated the policy in recent decades.

The migration debate

Opponents of birthright citizenship claim it encourages “birth tourism,” where individuals enter the US on valid visas to give birth, ensuring their children obtain citizenship. Critics also highlight concerns about “anchor babies” and “chain migration,” arguing that these practices provide unauthorized immigrants with pathways to residency and public benefits.

Despite the administration’s stance, studies suggest most US-born children of unauthorized immigrants are not the result of birth tourism. The Pew Research Center estimated in 2022 that the majority of these children are born years after their parents’ arrival in the United States.

This executive order marks a significant shift in US immigration policy and is likely to face intense legal scrutiny in the coming months.