The Fourteenth Amendment of the U.S. Constitution guarantees birthright citizenship by declaring that anyone born or naturalized in the United States, and who is under U.S. legal authority, automatically becomes a U.S. citizen. This means that individuals born in the U.S. are granted citizenship, unless they are children of foreign diplomats or foreign enemy forces, who are not subject to U.S. jurisdiction. The amendment ensures that these individuals also become citizens of the state in which they are born.
The Fourteenth Amendment was passed in 1868, following the Civil War, with the primary purpose of ensuring that children born in the U.S. to formerly enslaved individuals would receive American citizenship. In his executive order, Trump offers his view on the Constitution, emphasizing that U.S. citizenship is a significant privilege. He refers to the Fourteenth Amendment, which grants citizenship to those born or naturalized in the U.S. and under its jurisdiction. However, Trump argues that the amendment has never been understood to automatically grant citizenship to all individuals born in the U.S., suggesting that certain exceptions may apply.
This statement is crucial because the executive order claims that the Fourteenth Amendment has always excluded certain individuals from birthright citizenship. Specifically, it argues that children born in the U.S. who are not fully under U.S. legal authority or jurisdiction—such as those born to foreign diplomats or hostile foreign forces—have never been granted automatic citizenship under the amendment.
According to Trump’s executive order, there are two main situations where individuals are considered not “subject to the jurisdiction” of the U.S. Constitution and thus not eligible for birthright citizenship. The first situation involves cases where the mother was unlawfully in the U.S. at the time of the child’s birth, and the father was not a U.S. citizen or lawful permanent resident. The second situation applies when the mother’s stay in the U.S. was legal but temporary, such as if she was in the country on a tourist, student, or work visa, or under the Visa Waiver Program, and the father was not a U.S. citizen or permanent resident at the time of the child’s birth.
Trump’s executive order also stresses that it follows traditional definitions of sex. In this context, when the term “mother” is mentioned, it refers to the “immediate female biological parent,” and when “father” is used, it refers to the “immediate male biological parent.” Essentially, these terms are defined strictly based on biological sex, without any broader or more inclusive interpretations.
Who Will Be Affected by Trump’s Executive Order on Birthright Citizenship?
According to data from the Pew Research Center in 2024, the foreign-born population in the U.S. reached a record 47.8 million in 2023, marking an increase of 1.6 million from the previous year. This represents the largest rise in over 20 years, since 2000. The report also highlights that in 2022, the majority of immigrants came from Mexico, with around 150,000 arrivals. India followed closely with about 145,000, while China contributed around 90,000. Other significant sources of immigration included Venezuela, Cuba, Brazil, and Canada, each with around 50,000 to 60,000 new arrivals.
Can Trump End Birthright Citizenship with an Executive Order?
Although the executive order could lead U.S. federal agencies to adopt a more limited and strict interpretation of citizenship, it faces significant legal challenges, which are already being pursued. Additionally, ending birthright citizenship would require a constitutional amendment, a process that involves securing a two-thirds majority vote in both the House of Representatives and the Senate, along with approval from three-fourths of U.S. states. While the Republican Party, Trump’s party, holds majorities in both the House and the Senate, this process is still a major hurdle.
A long-standing commitment
Trump’s views on immigration are well-known. As President in 2018, he expressed intentions to end birthright citizenship for children born in the U.S. to foreign nationals through an executive order. However, the legality of such an order, without a new constitutional amendment, was a topic of significant debate, and no such executive order was enacted before his presidency ended in 2021.
The issue resurfaced during his 2024 presidential campaign, where he vowed to make ending birthright citizenship a priority on his first day back in office. After winning the election, Trump repeated this commitment during the transition period but did not clarify how he would accomplish it. In a 2024 NBC interview, Trump stated his belief that the children of unauthorized immigrants should be deported alongside their parents, even if they were born in the U.S. He argued that to avoid separating families, all members should be sent back together.
