Former US President Donald Trump has reignited debate over birthright citizenship, arguing that the constitutional provision was originally meant to protect children of enslaved people, not serve as a pathway for wealthy foreigners to obtain automatic citizenship.
In a recent interview with Politico, Trump defended the executive order he issued on January 20, 2025, on his first day back in the White House. The order aims to revoke the long-standing practice of granting automatic US citizenship to every child born on American soil, regardless of parental nationality.
Trump emphasized that the 14th Amendment, adopted after the Civil War to safeguard the rights of formerly enslaved people, was never intended to extend citizenship to children of non-resident foreign nationals who come to the US to give birth. “That case was about the babies of slaves,” Trump stated. “It was not meant for some rich person from another country who arrives and suddenly their entire family becomes United States citizens.”
The 14th Amendment’s Citizenship Clause affirms that “all persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This provision has formed the legal basis for birthright citizenship for more than 150 years.
However, Trump’s administration has framed the practice as outdated and economically unsustainable. “We cannot afford to house tens of millions of people because of these policies,” he argued.
Following the executive order, the administration declared that children born in the US more than 30 days after the inauguration would not automatically receive citizenship. This directive triggered numerous lawsuits, with several federal courts initially halting its implementation.
In June 2025, the US Supreme Court ruled that lower courts could not issue nationwide injunctions against the executive order, paving the way for the highest court to consider its constitutionality in due course.
The debate touches on profound legal, social, and political issues, including immigration policy, constitutional interpretation, and the rights of children born in the US.
As of now, the Supreme Court is expected to review the case, which could profoundly alter the United States’ approach to citizenship and immigration.
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