Will birthright citizenship in the U.S. be eliminated? What decision did Trump make, and why are lawsuits flooding in?

U.S. President Donald Trump signed an executive order aimed at abolishing the so-called "birthright citizenship." This means that citizenship would no longer be automatically granted to any person born on U.S. soil.

RBK-Ukraine explains what could hinder Trump.

Did Trump abolish birthright citizenship? What happened

According to the 14th Amendment of the U.S. Constitution, all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the state wherein they reside.

In the executive order, Trump claims that the amendment has never granted citizenship to everyone born in the U.S. and has always excluded from birthright citizenship children born in the U.S. who are not subject to its jurisdiction.

Among these categories are those whose circumstances at birth included:

• a mother illegally present in the country, and a father who is neither a citizen nor a lawful permanent resident of the U.S.

• a mother legally present but temporarily (under a visa waiver or with a tourist, work, or student visa), and a father who is not a U.S. citizen or lawful permanent resident.

Trump ordered not to accept citizenship applications and not to issue documents recognizing U.S. citizenship for the aforementioned categories.

The president's executive order becomes law without the need for Congressional approval. However, the law does not have retroactive effect, meaning it does not apply to those born in the U.S. before this. It also will not apply to children born within the next 30 days.

Trump has long promised to change U.S. policy in this area. His order is essentially aimed at denying citizenship to children of migrants who are in the country either illegally or on temporary visas.

However, there are concerns that in a country where birthright citizenship has long been entrenched as a value, the new president's attempt to abolish this right for future generations could lead to policies specifically targeting "communities of color," writes The Guardian.

It remains unclear how this mechanism will be implemented. Trump's initiative has already faced legal hurdles, with several states suing the federal government.

What is birthright citizenship in the U.S.

The principle of "jus soli" (from Latin "right of the soil") has its roots in English law, which stated centuries ago that all born in England are its subjects.

Unlimited birthright citizenship in the U.S. derives from the American Constitution. Until the second half of the 19th century, it applied only to white Americans. Specifically, in 1857, the Supreme Court ruled in the "Dred Scott v. Sanford" case that descendants of black slaves—African Americans—could not be citizens.

Everything changed after the Civil War. The 13th Amendment abolished slavery in 1865, and three years later, the 14th Amendment secured the right to citizenship for former slaves born in America.

Thus, the principle that those born or naturalized in the U.S. and subject to its jurisdiction are citizens, along with a series of related laws, forms the basis of modern birthright citizenship policy.

Hardline supporters argue that this policy is a "magnet for illegal immigration." They claim it encourages undocumented pregnant women to cross the border. This phenomenon is derogatorily termed "birth tourism" and "anchor baby births."

Is there a court ruling on citizenship for children of migrants?

After the ratification of the 14th Amendment, Americans actively opposed migrants, especially Chinese laborers. Soon, Congress passed a law that significantly restricted immigration from China and complicated life for those already in the country.

The definitive ruling on this issue came from the case "Wong Kim Ark v. United States." Wong was the child of Chinese immigrants but was born on U.S. soil. He traveled to China to visit relatives, but upon returning to the U.S., he was denied entry based on the claim that he was not an American citizen.

The Supreme Court viewed the situation differently. The justices ruled in favor of Wong, recognizing him as a U.S. citizen, even though his immigrant parents had no opportunity to naturalize.

"This case confirmed that regardless of the race or immigration status of the parents, all persons born in the United States are entitled to all rights provided by citizenship," quoted BBC director of the Immigration History Research Center at the University of Minnesota Eric Lee.

Since then, the court has not revisited this issue. It is important to note that the U.S. operates under common law, so decisions made over a century ago can still be cited today.

Who cannot become a citizen, even if born in the U.S.

Despite the constitutional amendment, there have been and still are exceptions to the "jus soli" principle. For instance, prior to the passage of a separate law in 1924, members of Native American tribes were not recognized as U.S. citizens.

In American law, there is a distinction between nationality and citizenship (citizenship). Residents of unincorporated territories such as Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands are subjects and citizens of the U.S.

Meanwhile, residents of American Samoa, according to a Supreme Court ruling in 2021, are subjects but are not automatically guaranteed birthright citizenship unless Congress enacts a corresponding law.

Children of foreign diplomats cannot claim birthright citizenship. In a more stringent scenario, "children of enemy occupiers" also do not qualify.

At the same time, a foreigner born outside the U.S. can obtain American citizenship if at least one of their parents is a U.S. citizen. This rule applies to only one generation.

How many people could this affect

According to Pew Research, in 2016, around 250,000 children were born to illegal migrants in the U.S. By 2022 (the latest year for which data is available), that number could have risen to 1.2 million.

However, as they will also have children, the cumulative effect of abolishing birthright citizenship could increase the number of illegal immigrants to 4.7 million by 2050, according to the Migration Policy Institute.

In December 2024, Trump stated that he did not want to break up families, so children born in the U.S. to illegal migrants should be deported along with their parents.

Where else is there birthright citizenship?

"We need to put an end to this. We are the only country that has it," Trump previously criticized birthright citizenship.

But that is not true. As of now, more than 30 countries practice automatic "jus soli" rights without restrictions in almost all cases. Most of these countries are in the Western Hemisphere, including Canada and Mexico.

In other parts of the world, this right is less common. Australia and the United Kingdom allow automatic citizenship for a child if one of the parents is a citizen or a permanent resident.

For example, in Ukraine, citizenship is granted to a child born on its territory if:

• they do not acquire foreign citizenship by "right of blood" from their parents

• their parents have been granted asylum or refugee status

• they are stateless (or their citizenship is unknown)

What could hinder Trump

Most legal experts agree that Donald Trump cannot abolish the right to citizenship for children of migrants through an executive order.

"He is doing something that will upset many people, but ultimately it will be decided by the courts. This is not something he can decide on his own," quoted BBC constitutional expert and professor at the University of Virginia, Saikrishna Prakash.