Donald Trump marked his return to the White House on Monday by hinting at a series of immigration-related executive orders, including a controversial move to end birthright citizenship for children born in the United States to immigrants without legal status.
An official told reporters during a press call that the president plans to sign an order clarifying the language in the 14th Amendment of the U.S. Constitution, which grants citizenship to all individuals born on U.S. soil. The order would exclude children born to parents who are in the country illegally. According to the official, the changes would apply only to future births.
What Is Birthright Citizenship?
Birthright citizenship, also known as jus soli, is the legal principle that grants automatic citizenship to individuals born within a country's territory, regardless of their parents' nationality or immigration status. In the United States, this practice is protected under the 14th Amendment of the Constitution, which states that all persons born or naturalized in the U.S. are citizens. This policy has been central to debates over immigration and national identity.
What Countries Allow Birthright Citizenship?
While the United States is one of the most prominent examples, other nations also grant birthright citizenship. Countries like Canada, Mexico, and Argentina recognize this principle, though many impose limitations or conditions.
In the Americas, only Chile and Colombia do not grant birthright citizenship, relying instead on jus sanguinis or citizenship based on ancestry rather than place of birth.
Most European, Asian, and African countries also follow jus sanguinis principles or a mix of ancestry-based and conditional territorial principles. For example, countries like Germany and France offer citizenship to children born on their soil only if their parents meet certain residency or legal status requirements.
Birthright Citizenship In Canada: What We Know
Canada is one of the few countries outside the U.S. that adheres to unconditional birthright citizenship. Under Canadian law, any Canadian-born child is granted citizenship, regardless of their parent's immigration status. However, this policy has sparked debates similar to those in the U.S., with critics raising concerns about "birth tourism."
Can Donald Trump Revoke Birthright Citizenship?
The legal authority to revoke birthright citizenship is a matter of significant debate. As enshrined in the U.S. Constitution's 14th Amendment, changing this practice would likely require a constitutional amendment. This process involves approval from two-thirds of Congress and ratification by three-quarters of state legislatures. Scholars argue that an executive order attempting to reinterpret the Amendment would face substantial legal challenges.
Why Is Donald Trump Trying To End Birthright Citizenship?
Donald Trump has argued since his early days as a candidate in 2016 that birthright citizenship is a "magnet for illegal immigration" and a misinterpretation of the 14th Amendment. He believes that denying citizenship to children born to parents without legal status would deter unauthorized migration and enhance national security.
Critics contend that such a move undermines constitutional rights and could lead to significant legal and social upheaval.
What Other Immigration Orders Is Trump Planning?
Trump's new immigration orders largely mirror policies from his first term. He plans to declare a national emergency at the U.S.-Mexico border, deploy U.S. troops to assist immigration agents and restrict refugees and asylum applications.
He also intends to reinstate a policy requiring asylum-seekers to wait in Mexico, though officials did not confirm whether Mexico would accept migrants again. During the previous implementation of this policy, squalid camps at the border became hotspots for gang violence.
Additionally, Trump plans to end the CBP One app, a Biden-era program that allowed nearly 1 million migrants legal entry into the U.S.
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