The Trump administration’s recent executive order has stirred significant debate by attempting to challenge the long-standing provision of birthright citizenship in the United States. This initiative aims to deny citizenship to children born on U.S. soil to unauthorized immigrants and individuals present on temporary visas. The move has sparked discussions about the 14th Amendment of the U.S. Constitution, which underpins the nation’s birthright citizenship policy.
The 14th Amendment, ratified in 1868, includes the Citizenship Clause, which asserts, "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 clause forms the foundation for birthright citizenship, a principle deeply rooted in English common law and known as jus soli, or "right of the soil."
The United States stands among a select group of countries that confer citizenship to individuals born on its soil, irrespective of their parents' immigration status. This practice remains a hallmark of American identity, reflecting a commitment to inclusivity. However, President Donald Trump has expressed a desire to alter this tradition, stating, "We have to end it. We’re the only country that has it."
The Supreme Court has consistently upheld birthright citizenship for children born in the U.S., including those with immigrant parents. A landmark case in this regard is United States v. Wong Kim Ark (1898), where a young man born in San Francisco to Chinese immigrant parents faced denial of re-entry to the U.S. after a visit abroad. The Supreme Court's ruling in favor of Wong Kim Ark established a significant precedent, affirming that children born in the U.S. are automatically granted citizenship.
Despite this legal precedent, the U.S. has a complex history regarding citizenship rights. For instance, the 1924 Immigration Act excluded Indigenous peoples born in the U.S. from citizenship. Additionally, people born in American Samoa's unincorporated territories are not guaranteed birthright citizenship unless Congress enacts specific legislation. These historical exclusions underscore ongoing debates about citizenship and its boundaries.
Countries across the Western hemisphere, including Canada and Mexico, typically offer citizenship to individuals born on their soil. This highlights a broader international acceptance of jus soli, yet the U.S.'s adherence to this principle remains unique among developed nations.
Legal scholars argue that efforts to alter birthright citizenship through executive action or legislation would likely face significant constitutional challenges. The 14th Amendment's explicit guarantee cannot be easily overridden by such measures.