Trump'scraps’ birthright citizenship: Who will it affect?
Trump’s supporters say the program has been misused as several Democrat-led states file a legal challenge.
By Tips & Tricks News Guide
Soon after being inaugurated as the 47th President of the United States, Donald Trump signed numerous executive orders, including one aimed at ending birthright citizenship, a key component of his hardline anti-immigration policies.
Birthright citizenship is a constitutionally guaranteed right that grants automatic U.S. citizenship to individuals born on American soil.
The policy has been in place for decades and is rooted in the 14th Amendment of the U.S. Constitution. This amendment states that individuals “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.”
However, Trump has argued that the amendment does not apply to individuals whose families are non-U.S. citizens.
Here’s what we know about Trump’s executive order and the potential impact it could have:
What does the order say?
The order issued on Monday establishes new criteria for claiming birthright citizenship.
It specifies that a child is ineligible for birthright citizenship if one parent was "unlawfully present in the United States" and the other was neither a U.S. citizen nor a "lawful permanent resident" at birth.
The order further states that birthright citizenship will not be granted if one parent was in the United States on a "lawful but temporary" basis, such as on a tourist, student, or work visa, and the other parent was not a U.S. citizen.
The new policy is set to take effect on February 19.
What is birthright citizenship?
In July 1868, following the U.S. Civil War, Congress ratified the 14th Amendment, affirming that all individuals born in the country are citizens. This amendment was designed to secure full citizenship rights for Black Americans who had endured the injustices of slavery.
The 14th Amendment has been interpreted to grant citizenship to all children born in the United States, regardless of their parent’s immigration status.
A landmark case in the history of birthright citizenship occurred in 1898 when the Supreme Court ruled that Wong Kim Ark, born in San Francisco to Chinese immigrants, was a U.S. citizen. The decision came after the federal government, citing the Chinese Exclusion Act, attempted to deny him re-entry to the country following a trip abroad.
In 1924, Congress extended citizenship to all Native Americans born in the United States.
“It’s ridiculous. We’re the only country in the world that does this,” Trump stated on Monday after signing the order.
However, according to the World Population Review, as of 2024, at least 33 countries, primarily in North America and Latin America, including Mexico, still offer birthright citizenship.
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