Trump 'Ends' Birthright Citizenship: Who Will It Affect? | News about Donald Trump

Shortly after being sworn in as the 47th president of the United States, Donald Trump signed a slew of executive orders, including a step to end citizenship by birth as part of his hardline anti-immigration agenda.

Birthright citizenship refers to a constitutionally protected right that grants automatic US citizenship to babies born in the country.

The policy has been in place for decades and is enshrined in the 14th Amendment to the US Constitution, which grants citizenship to 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.

But Trump has argued that the amendment does not include people whose families are not US citizens.

Here's what we know about Trump's order and how many people will be affected:

What does the warrant say?

Monday's order lays down the parameters on which a person can claim birthright.

It states that if one parent was “unlawfully resident in the United States” and the other was not a citizen or “lawful permanent resident at the time of the person's birth,” the child cannot claim birthright.

It adds that if a parent's presence in the country is “lawful but temporary” through a tourist, student or work visa and the other parent is not a US citizen, birthright citizenship will not be transferred to the child.

The order takes effect on February 19.

What is citizenship by birth?

After the American Civil War, Congress ratified the 14th Amendment in July 1868, which stated that all people born in the country were citizens. It was aimed at establishing full citizenship rights for black Americans who suffered from slavery.

But the amendment has been interpreted to include all children born in the US, regardless of their parents' immigration status.

One of the most critical cases in the history of birthright citizenship came in 1898, when the Supreme Court ruled that Wong Kim Ark, born to Chinese immigrants, was a US citizen because he was born in San Francisco.

The high court ruled after the federal government tried to deny him re-entry into the country after traveling abroad under China's Exclusion Act.

In 1924 Congress authorized citizenship for all Native Americans born in the United States.

“This is ridiculous. We are the only country in the world that does this,” Trump said Monday after signing the order.

According to the World Population Survey in 2024. at least 33 countries have citizenship by birth, mostly in North America and Latin America, including Mexico.

How many children of immigrants have acquired birthright?

According to the Pew Research Center in 2022. 1.3 million US-born adults living with their parents were born to undocumented immigrants.

Does the exemption include H1-B work visa holders?

Yes, the skilled professional visa falls under the umbrella of work visas and children of US-born H1-B visa holders will not be able to claim birthright citizenship.

In 2023 72 percent of H1-B visas, which have themselves come under fire recently, were granted to Indian nationals, according to US Citizenship and Immigration Services.

Trump's Make America Great Again (MAGA) base has been pushing to end the H1-B visa that big tech companies used to hire skilled workers from abroad. Trump's close ally, Elon Musk, has faced a backlash from the MAGA camp, which accuses big tech firms of using the controversial visa program to hire cheaper foreign workers at the expense of American workers.

Trump, who tried to ban the visa program during his first term, threw his weight behind Musk, saying, “It's a great program.”

“I also like very competent people coming to our country, even if it involves training and helping other people who may not have the qualifications they have,” he said.

However, on Tuesday, the US State Department said Secretary of State Marco Rubio had discussed “illegal migration” with his Indian counterpart Subramanyam Jaishankar. Earlier this month, a spokesperson for India's Ministry of External Affairs said the visa program was beneficial to both countries.

Indians are the third largest unauthorized immigrant population in the US at 725,000, according to a 2022 Pew Center for Research report.

Bloomberg reported on Tuesday that the Indian government has told the Trump administration that it will work with the US to identify and readmit citizens to the country.

But the issue will test the strong bilateral ties between the two countries and is likely to influence public opinion in India, where Trump is looked upon favorably because of his friendly relations with Prime Minister Narendra Modi.

Has there been any backlash since ordering?

Trump's order was rebuffed. Chief Prosecutors of 22 US states filed lawsuits against Trump's decision to ban birthright citizenship on Tuesday.

Officials in the Democratic-led states say the birthright is enshrined in the constitution and cannot be changed.

“The president can't stroke the 14th Amendment, period,” New Jersey Attorney General Matt Platkin told The Associated Press.

Connecticut Attorney General William Tong, a natural-born U.S. citizen and the first Chinese-American elected attorney general, said the case is personal.

“The 14th Amendment says what it means and it means what it says – if you're born on American soil, you're an American. Point. Period,” he said.

“There is no legitimate legal debate on this matter. But the fact that Trump is wrong won't stop him from doing serious harm right now to American families like mine,” he added.

Critics of the birthright program say it encourages immigrants to come to the U.S. to become citizens.

House Science and Technology Committee Chairman Brian Babin, who will introduce the birthright bill in Congress this week, according to Fox News, said in a statement that the bill “corrects decades of abuse.”

“Citizenship is one of our nation's most precious privileges. By introducing this legislation, we are taking an important step in restoring the integrity of our immigration system and prioritizing the interests of American citizens,” Babin said.

White House Deputy Press Secretary Harrison Fields also said Washington was prepared to take on the states in court.

“Radical leftists can either choose to swim against the tide and reject the overwhelming will of the people, or they can join and work with President Trump,” Fields said.

So far, New Jersey and both cities, as well as California, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont and Wisconsin have joined the suit to stop the order.

Arizona, Illinois, Oregon and Washington also filed a separate lawsuit in federal court challenging Trump's order.