Birthright citizenship in the United States is guaranteed by the 14th Amendment to the Constitution, which declares: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This principle, known as “jus soli” or “right of the soil,” automatically grants citizenship to almost everyone born on U.S. soil, regardless of their parents’ immigration status. The U.S. Supreme Court upheld this interpretation in the 1898 case United States v. Wong Kim Ark, confirming that a child born in the U.S. to foreign parents is a U.S. citizen.
On January 20, 2025, President Donald Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship,” aiming to end birthright citizenship for children born in the U.S. to non-citizen or undocumented parents. The order directs federal agencies to require that at least one parent be a U.S. citizen or lawful permanent resident for their child to receive automatic citizenship at birth.
Legal experts generally argue that such a change cannot be implemented through an executive order alone, as it contradicts the 14th Amendment. Modifying this constitutional right would likely require either a constitutional amendment or a definitive ruling from the Supreme Court. In response to the executive order, civil rights and immigrant advocacy groups, including the American Civil Liberties Union (ACLU), filed lawsuits challenging its constitutionality.
In summary, while President Trump’s executive order seeks to change the current practice of granting automatic citizenship to most individuals born in the U.S., its legal validity is uncertain and expected to face substantial judicial review.
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