Trump’s Historic Decision: Revoking Birthright Citizenship on Inauguration Day 2025
As they wait for US authorities to process them next to the US-Mexico Border wall in Tijuana, Baja California state, Mexico in 2022, a group of more than 50 asylum seekers, primarily from South America, includes children. The image credit goes to Guillermo Arias/AFP via Getty Images.
President Trump is set to initiate the process of revoking birthright citizenship, a move he has been advocating for years as a means to address the issue of undocumented immigration.
Birthright citizenship is a constitutional provision safeguarded by the 14th Amendment of the U.S. Constitution. This provision grants automatic U.S. citizenship to individuals born within the United States or its territories. The clause explicitly states that “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.”
According to anonymous White House officials, President Trump aims to redefine the phrase “subject to the jurisdiction thereof” in order to deny automatic birthright citizenship to children born in the United States to parents who are not legally residing in the country. This new interpretation would be a significant departure from the current understanding of the law.
The decision is expected to face immediate legal challenges.
It is still uncertain who will be affected by the executive orders and actions, as well as the specific plans for moving forward. However, it is anticipated that he will sign these orders and actions on Monday afternoon.
According to the latest data available in 2022, the Pew Research Center has estimated that there has been a decline in the number of babies born to parents who are not legally authorized to be in the United States. They found that approximately 1.3 million adults who were born in the U.S. are the children of unauthorized immigrants.
But according to the Migration Policy Institute, data indicates that the proposed move would have an impact on the future generation of children. If current policy remains unchanged, an estimated 4.7 million children will find themselves in a situation where either one or both of their parents lack legal status by 2050. Immigrant rights advocates argue that this potential outcome is concerning and should be taken into consideration.
According to Julia Gelatt, associate director of the U.S. immigration policy program at the Migration Policy Institute, ending birthright citizenship would bring about a significant shift in how immigration and the right to belong in the United States are managed. Gelatt emphasizes that this law plays a crucial role in the economic and educational achievements of immigrants’ children.
“Children of immigrants in the United States have been able to tap into their sense of belonging and full rights to actively support their integration,” says [quoted person’s name].
Novel interpretation of the 14th Amendment
A growing coalition of conservatives is now advocating for a revised interpretation of the 14th Amendment as a means to restrict the number of undocumented migrants in the country.
In his first term, Trump’s legal advisors supported his authority to independently challenge it. In 2020, the State Department under Trump implemented a rule change with the goal of limiting the practice of traveling to the U.S. solely for the purpose of giving birth. Additionally, pregnant women were excluded from the list of “vulnerable” individuals at the border.
During his initial campaign for president in 2015, Trump made a pledge to put an end to birthright citizenship. In 2018, he even stated his intention to issue an executive order to enforce this policy. However, the promised order never materialized.
During the 2024 election campaign, immigration once again became a prominent issue, and Trump made a promise to voters that he would put an end to birthright citizenship. This commitment was reiterated by Trump during his first cable TV interview with NBC’s “Meet the Press” following the election.
Immigrant rights groups assert that repealing birthright citizenship would negatively impact communities, local economies, and the well-being of families. This could result in families leaving or living in constant fear that their future children may not be authorized to stay.
According to Gelatt, blocking individuals from attaining citizenship and even denying citizenship to children born in the United States could pose a significant threat to the integration of immigrants and limit the contributions that their children can make to the country.
During the 2023 GOP primary, Florida Governor Ron DeSantis, along with then-candidate Vivek Ramaswamy and others, voiced their support for ending birthright citizenship for the children of parents without legal status.
Lawmakers have engaged in debates surrounding this issue. In the previous Congress, former Florida Representative Matt Gaetz presented legislation to restrict birthright citizenship. Additionally, in 2015, the House Judiciary committee conducted a hearing to discuss this matter.
Until now, no efforts or ideas have made any progress.
According to Marielena Hincapie, a prominent immigration visiting scholar at Cornell Law School, the idea that a president can single-handedly eliminate birthright citizenship is worrisome because it may exceed their authority. Her remarks indicate that there will likely be legal challenges to this notion.
According to Hincapie, it is clear that the president lacks the executive authority to abolish birthright citizenship and the 14th Amendment. She emphasizes that this action would raise numerous questions, leading to confusion and chaos.
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