Trump Vows to End Birthright Citizenship

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President-elect Donald Trump has pledged to end birthright citizenship, aiming to fulfill campaign promises focused on restricting immigration and redefining American citizenship.

However, any attempt to stop the practice faces significant legal challenges.

Birthright citizenship grants automatic U.S. citizenship to anyone born in the country, including children of individuals without legal status or temporary visitors. While common in the U.S., it is not practiced worldwide.

Trump and his supporters argue that the policy is often abused, claiming it incentivises illegal immigration and “birth tourism,” where non-citizens give birth in the U.S. to secure citizenship for their children.

During an interview on NBC’s Meet the Press, Trump reaffirmed his intention to end the policy, calling it “ridiculous.” He has previously stated that children should only receive U.S. citizenship if at least one parent is a citizen or lawful permanent resident.

Trump suggested he might issue an executive order to enforce the change but acknowledged it may require broader legal or constitutional action.

In a 2023 campaign statement, Trump detailed plans to direct federal agencies to deny citizenship-related benefits—like passports and Social Security numbers—to children born to parents in the U.S. illegally.

The 14th Amendment to the U.S. Constitution, ratified in 1868, guarantees citizenship to all individuals born or naturalised in the U.S. The amendment explicitly states:

“All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

This principle was upheld in an 1898 Supreme Court ruling, which granted citizenship to Wong Kim Ark, born in the U.S. to Chinese immigrant parents. However, some legal scholars argue the phrase “subject to the jurisdiction thereof” could be interpreted to exclude children of non-citizens.

Despite this argument, experts believe ending birthright citizenship via executive action would fail in court. Congress could pass a law to challenge the policy, but it would likely face the same constitutional hurdles.

Ending birthright citizenship could significantly increase the number of individuals in the U.S. without legal status.

According to the Migration Policy Institute, 5.5 million children under 18 live with at least one undocumented parent, most of whom are U.S. citizens. Critics argue that repealing birthright citizenship would create a permanent underclass and harm immigrant integration.

Trump’s proposal remains controversial, with opponents asserting that the 14th Amendment firmly protects birthright citizenship. Proponents, however, believe tougher restrictions are necessary to curb immigration abuses.

Whether Trump’s promise can succeed legally or politically remains uncertain.

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