What is US birthright citizenship and how Donald Trump’s executive order could impact millions — Explained in 5 points

US President Donald Trump signed an executive order to end birthright citizenship, effective February 20. Children of foreign passport holders, including tourists and students, will no longer be recognized as American citizens.

Anwesha Mitra
Updated21 Jan 2025, 06:20 PM IST
What is US birthright citizenship and how Donald Trump's executive order could impact millions — Explained in 5 points
What is US birthright citizenship and how Donald Trump’s executive order could impact millions — Explained in 5 points(AFP)

US President Donald Trump signed an executive order on Monday to end birthright citizenship in the US. The order—slated to come into effect from February 20—will ensure that children of foreign passport holders will no longer be considered American citizens. This includes people who are legally in the country, such as tourists, students, and those on work visas.

Here's everything you need to know about the order and its impact:

  • What is birthright citizenship?
    Current laws allow nearly everyone born on US soil to become an American citizen. This is known as ‘birthright citizenship’ and refers to the legal principle of jus soli or “right of the soil” in Latin. The term comes from English common law, which held for centuries that people born in England were natural subjects of the country. Rare exceptions in modern times include cases pertaining to the offspring of foreign diplomats or the children of 'enemy occupiers'.

Also Read | Donald Trump’s birthright citizenship order likely to affect millions of Indians
  • What does Trump say?
    The POTUS dubbed it an “absolutely ridiculous” concept on Monday as he signed an executive order against birthright citizenship. He also claimed that America was the “only country in the world” to have such a rule. The controversial immigration action is likely to face legal hurdles — but the White House believes it has “very good grounds” for a change.
  • What does the executive order do?
    The order signed by Donald Trump on Monday will ensure that children born in the US—without at least one parent who is a citizen or lawful permanent resident—are no longer extended automatic US citizenship. It also stops federal agencies from issuing or recognising relevant documentation proving US citizenship for such children. The order targets children born to both unauthorised immigrants and people who are legally in the US on temporary visas.

Also Read | President Trump’s executive orders: birthright citizenship, WHO exit, & more

 

  • Will this come into effect immediately?
    There was no immediate change of procedure in the hours after Trump signed the order. The executive order is slated to take effect by February 20 but faces a slew of legal hurdles. The Citizenship Clause is part of the US Constitution, and birthright citizenship is also backed by legal precedent. Reports citing experts indicate that a complete overhaul of laws pertaining to birthright citizenship remains improbable.
  • What has been the response?
    The order has sparked outrage from several quarters, with many influential voices speaking out against the decision. Immigrant and civil rights advocates — including the American Civil Liberties Union — also filed a lawsuit against the order on Monday.

Also Read | President Donald Trump sued over bid to end Birthright Citizenship in US

(With inputs from agencies)

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First Published:21 Jan 2025, 04:34 PM IST
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