Donald Trump, the newly sworn-in US President, signed an executive order on Monday that would end birthright citizenship in the United States. Set to take effect on February 20, the order specifies that children born to foreign passport holders, even those legally residing in the country on tourist, student, or work visas, will no longer automatically acquire US citizenship. This decision is expected to have far-reaching implications, particularly for over one million Indians currently in line for green cards.
Speaking from the Oval Office, Trump criticised the current system, calling birthright citizenship “absolutely ridiculous” and claiming the US is the “only country in the world” that provides automatic citizenship to children born on its soil. He argued that this policy change is necessary and justified, citing “very good grounds” for the shift.
The order outlines that children born in the US after the effective date will not be granted citizenship unless the father is a US citizen or lawful permanent resident, and the mother’s presence in the country is either unlawful or temporary. This includes individuals on student, tourist, or work visas.
The move has provoked strong opposition from civil rights groups and immigrant advocates, with organisations such as the American Civil Liberties Union (ACLU) filing a lawsuit challenging the order’s legality. Author and academic Vivek Wadhwa criticised the policy, warning that it would exacerbate the difficulties faced by highly skilled immigrants who are already trapped in a lengthy green card backlog. He argued that while excluding children of undocumented immigrants and “birth tourists” might be one issue, the broader impact of excluding those legally contributing to the US economy and workforce could harm the country’s competitiveness.
The order’s interpretation of the 14th Amendment to the US Constitution, which has long been understood to guarantee birthright citizenship, is at the heart of the controversy. The amendment, adopted in 1868 following the Civil War, was specifically designed to ensure citizenship for children born on US soil, including those of formerly enslaved people. It states that “all persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”
Trump’s executive order narrows this interpretation, asserting that birthright citizenship has never extended to those born on US soil but not “subject to the jurisdiction” of the country. The order defines this exclusion to include children born to mothers unlawfully in the US or temporarily present, such as those visiting on a tourist, student, or work visa, and whose fathers are not US citizens or lawful permanent residents.
Additionally, the order reaffirms traditional definitions of sex, clarifying that “mother” refers to the “immediate female biological progenitor” and “father” to the “immediate male biological progenitor,” thereby excluding non-binary or gender-neutral interpretations.
The order’s potential impact is significant, especially for immigrants from countries with large US diaspora populations. The policy will particularly affect children born to immigrant parents on temporary visas or those without legal status.
While the executive order could prompt federal agencies to adopt a more restrictive interpretation of citizenship, it faces significant legal challenges. Experts argue that such a change would require a constitutional amendment, not just an executive order. Amending the Constitution would need two-thirds approval from both the House of Representatives and the Senate, followed by ratification from three-quarters of US states. Even with the Republican Party holding majorities in Congress, the legal and political hurdles could delay or block the implementation of this policy.
The issue of birthright citizenship is not new to Trump. During his first term, he repeatedly advocated for eliminating birthright citizenship for children of foreign nationals. In 2018, Trump suggested he could achieve this through an executive order, but the idea was widely debated, and no such order was enacted by the end of his presidency. As part of his 2024 campaign, Trump revived the issue, promising to address it on his first day back in office.
The executive order aligns with Trump’s long-standing position on immigration, which has included several controversial measures aimed at reducing immigration to the US. While his supporters have praised his hardline stance, critics argue that his policies are discriminatory and harmful to immigrants who contribute to the nation’s economy and growth.
