19th December 2024

Explained: US Birthright Citizenship and Trump's Proposal to End It

Swipe to learn about birthright citizenship and its legal challenges.

Arrow

What Is Birthright Citizenship?

Anyone born in the US is a citizen at birth. This comes from the 14th Amendment and the Immigration and Nationality Act of 1952.

Exceptions to the Rule

Exceptions exist for children of foreign diplomats with diplomatic immunity. They are not considered US citizens.

Supreme Court's Stance

The Supreme Court has not ruled on birthright citizenship for children of undocumented immigrants.

Opponents’ Views

Opponents argue the 14th Amendment's 'subject to the jurisdiction' clause excludes children of illegal immigrants.

Trump's Proposal

Trump plans to end birthright citizenship via an executive order. He may require at least one parent to be a US citizen, permanent resident, or military member.

Legal and Constitutional Hurdles

Congress regulates citizenship, not the president. An executive order could face immediate legal challenges and likely be blocked by courts.

Amending the Constitution

Only a Constitutional amendment can change birthright citizenship. Amendments require two-thirds of Congress and approval by three-quarters of states—a process that could take years.

Current Status and Debate

Birthright citizenship remains protected for now. Debate continues over immigration policy and constitutional rights.

Stay updated on immigration policies and legal battles shaping the US.