Trump ends birthright US citizenship: Who it affects & legal impact decoded

US President Donald Trump on Tuesday signed an executive order to end birthright citizenship for children born to people who are in the country without authorisation or who hold temporary work, student, or tourist visas.

 

Titled “Protecting the Meaning and Value of American Citizenship,” the order stipulates that his administration will no longer recognise automatic citizenship for children born on US soil to immigrant parents who are in the country without authorisation, provided neither parent is a US citizen. In his first term, Trump threatened to take similar action but did not follow through. 

"Recent Presidents have used executive orders in a more muscular fashion than their original purpose. Such orders are especially susceptible to legal challenge when they push the limits of established executive power by usurping matters from the legislative or judicial branches of government," said Russell A Stamets, partner at Circle of Counsels.  Also Read: Trump 2.0: What are executive orders and why do US presidents love them 

  Who will be affected?

 

The order bars automatic citizenship for children born to noncitizen parents who are in the country on temporary work, student, or tourist visas.

 

“That’s a good one — birthright,” Trump told reporters, while signing the document. “That’s a big one.”

 

Who it affects and what the order means

 

If you are born in the United States, you are currently automatically a United States citizen, based on the 14th Amendment of the Constitution. The new executive order attempts to reinterpret this provision.

 

Under the order, babies born in the United States 30 days after the date of this executive order will no longer be US citizens if:

< Their mother was undocumented at the time of their birth, and their father was neither a US citizen nor a lawful permanent resident.

< Their mother was in the United States legally but temporarily (e.g., on a student, work, or tourist visa), and their father was not a US citizen or lawful permanent resident.   

Who will retain/be eligible for US citizenship under the executive order?

 

< Babies born before the effective date of the order will retain their US citizenship as the order is not retroactive.

< If at least one parent is a United States citizen or a lawful permanent resident, the child will still be considered a US citizen at birth.

< Children of green card holders or lawful permanent residents are also considered US citizens at the time of birth under this order.

 

Do note that the order applies only to babies born 30 days from the date of issuance and beyond. Government agencies have been directed to issue guidance on enforcement within 30 days.

 

When a reporter asked if the order could be called unconstitutional by a court, Trump responded: “Could be. I think we have good grounds, but you could be right. We’ll find out. It’s ridiculous. … People have wanted to do this for decades.”

 

Will the order face legal challenges? Yes, absolutely, say experts.

 

They argue that the order cannot be executed legally because of the 14th Amendment of the US Constitution. The amendment states that all persons born in the United States and who are subject to the jurisdiction thereof are US citizens at birth. Courts have historically interpreted this very broadly, and the Supreme Court has ruled that being born in the United States makes you a citizen, irrespective of your parents’ immigration status.

 

The executive order also violates US law, specifically Title 8 of the United States Code, Section 1401, which says that people born in the US are US citizens.

 

“What is likely to happen is that lawsuits will probably be immediately filed to challenge this executive order, and courts may block it from even going into effect. If it’s challenged all the way, it could go to the Supreme Court, which will ultimately decide its fate,” said Mariam Masumi Daud, an immigration attorney and the owner of Johnson & Masumi, PC.

 

“I do think this order is very likely going to be blocked even at the Supreme Court level, but it’s definitely opened up a massive debate on birthright citizenship for more immigrants,” she added.

 

Russell Stamets noted that the right is well-established under US law.

 

“The right of birthright citizenship is well established in US law, deriving from the 14th Amendment to the Constitution and a leading judgment in a 19th-century case. It is very difficult to amend the US Constitution, but there are ways that Trump can try and restrict citizenship through executive orders and other administrative means,” he said.

 

Rohitaashv Sinha, partner at King Stubb & Kasiva, Advocates and Attorneys, explained the legal challenges. “The change would require either a constitutional amendment—which demands a two-thirds majority in Congress and ratification by three-fourths of the states—or a Supreme Court ruling reversing precedent. Procedural barriers, including legal challenges and public opposition, make this initiative highly contentious and difficult to implement,” Sinha said.

 

“Trump usually tries to push the boundaries of law and custom to try and scare opponents and strike a favourable deal. Trump is supported by people dedicated to limiting immigration to the United States, and he has been very clear that he supports that agenda,” Stamets said.

 

“There will be serious turmoil. He is most likely to scare the heck out of people and less likely to succeed in entirely killing birthright citizenship,” he added. 

However, Stamets also explained that Trump has not entirely ended birthright citizenship entirely, so he may hope that his relatively narrow actions will be approved by the current Supreme Court. Otherwise, Trump likely will have to seek amendment of the Constitution. Amending the US Constitution is very difficult politically and procedurally and requires a broad national consensus.

   

Impact on Indians in the US

 

As of 2024, Indian Americans number over 5.4 million, accounting for 1.47% of the US population. Approximately two-thirds are immigrants, while 34% are US-born, according to official data. Any policy change could have a considerable impact on this community due to its size.

 

Sinha outlined how this change could create uncertainty for Indian families in the US.

 

“If this policy were enforced, children born in the US to Indian parents with green cards or on H-1B visas might face significant uncertainty. These children may not automatically acquire US citizenship, potentially inheriting their parents’ citizenship instead. For green card holders, this could mean pursuing naturalisation or other legal remedies to secure their child’s status,” Sinha said.

 

He continued, “For H-1B visa holders, the lack of citizenship could create immigration challenges, tying the child’s status to their parents’ visa and potentially limiting future opportunities in the US. Indians on temporary or undocumented statuses could also be severely impacted, leading to further legal and social complications.”

 

Trump erroneously said the United States is the only country that offers birthright citizenship. In fact, more than 30 countries do, including Canada, Mexico, and the majority of South American nations.

 

Birthright citizenship was established by the 14th Amendment, passed by Congress in 1868, which includes a clause reading: “All people 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.”

 

In addition to near-certain litigation, the plan faces significant logistical hurdles.

 

The administration plans to enforce Trump’s order by withholding documents, such as passports, from people it deems ineligible for citizenship. The order also says the administration will refuse to accept documents from local or state governments that purport to recognise the citizenship of the children it has deemed ineligible. However, the administration hasn’t yet explained who—hospitals, health insurance companies, local or state governments, federal officials, or some other authority—would review parents’ legal documents to assess whether their children could become citizens.