Shortly after being sworn in as the 47th President of the United States, Donald Trump signed several executive orders, including measures to end birthright citizenship, as part of his hard-line anti-immigration agenda.
Birthright citizenship refers to a constitutionally protected right that gives automatic U.S. citizenship to children born in the country.
This policy has been in place for decades and is enshrined in the 14th Amendment to the US Constitution, which “gives citizenship to persons born or naturalized in the United States and subject to the jurisdiction thereof, those of the United States and the State.” are citizens of where they live.”
But Trump has argued that the amendment does not cover people whose families are non-US citizens.
Here’s what we know about Trump’s order and how many people are going to be affected:
What does the command say?
Monday’s order lays down the parameters through which a person can claim birthright.
It states that if one parent was “unlawfully present in the United States” and the other was not a citizen or “lawful permanent resident at the time of such person’s birth,” the child cannot claim birthright.
It added that if one parent’s presence in the country was “lawful but temporary” through a tourist, student or work visa and the other parent was not a US citizen, birthright citizenship would not be granted to the child.
The order will come into effect from February 19.
What is birthright citizenship?
After the American Civil War, Congress ratified the 14th Amendment in July 1868, which stated that all persons born in the country are citizens. Its goal was to establish full citizenship rights for enslaved black Americans.
But the amendment has been interpreted to include all children born in the United States 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 an American citizen because he was born in San Francisco.
The Supreme Court made the decision after the federal government sought to bar him from re-entering the country after traveling abroad under the Chinese Exclusion Act.
In 1924, Congress granted citizenship to all Native Americans born in the United States.
“It’s ridiculous. We’re the only country in the world that does this,” Trump said after signing the order on Monday.
According to the World Population Review, in 2024, at least 33 countries have birthright citizenship, mainly in North America and Latin America, including Mexico.
How many children of immigrants have received birthrights?
According to the Pew Center for Research, in 2022, 1.3 million American-born adults living with their parents were born to undocumented immigrants.
Does the exclusion include H1-B work visa holders?
Yes, the skilled professional visa falls under the work visa umbrella and children of US-born H1-B visa holders will not be able to claim birthright citizenship.
According to the US Citizenship and Homeland Services, in 2023, 72 percent of H1-B visas, which have themselves come under fire recently, were granted to Indian nationals.
Trump’s Make America Great Again (MAGA) is calling for an end to the base H1-B visa, which big tech companies use to hire skilled workers from overseas. Elon Musk, a close Trump ally, has faced backlash from the MAGA camp, which has accused big tech firms of using the controversial visa program to hire cheap foreign workers at the expense of American workers. are
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 talented people coming to my country, even if it involves training them and helping other people who might not have that talent,” he said.
However, on Tuesday, the US State Department said Secretary of State Marco Rubio had discussed “illegal immigration” with his Indian counterpart, Subramaniam Jaishankar. Earlier this month, a spokesperson for India’s Ministry of External Affairs said the visa program benefited both countries.
According to a 2022 report by the Pew Center for Research, Indians make up the third largest unauthorized immigrant population in the US at 725,000 people.
Bloomberg reported on Tuesday that the Indian government has told the Trump administration that it will work with the United States to identify and deport citizens in the country.
But the issue is set to test the strong bilateral ties between the two countries and is likely to affect public opinion in India, where Trump is viewed positively. Because of his friendly relationship with Prime Minister Narendra Modi.
Has there been a reaction since the order?
Trump’s order has faced pushback. On Tuesday, the attorneys general of 22 US states filed a lawsuit against Trump’s move to ban birthright citizenship.
Officials in Democrat-led states have argued that birthrights are enshrined in the Constitution and cannot be changed.
New Jersey Attorney General Matt Plotkin told The Associated Press that the president cannot write the 14th Amendment out of existence with the force of a pen.
Connecticut Attorney General William Tong, a natural-born American and the first Chinese-American attorney general elected, 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. Full stop,” he said.
“There is no legitimate legal debate on this question. But the fact that Trump’s death is wrongful will not stop him from causing serious harm to American families like my own right now.
Critics of the Birthright program say it encourages immigrants to come to the U.S. to seek citizenship.
Republican House Science and Technology Committee Chairman Brian Babin, who will introduce the birthright bill to Congress this week, said in a statement that the bill “corrects decades of abuse,” according to Fox News.
“Citizenship is one of our nation’s most precious privileges. By introducing this legislation, we are taking an important step toward 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 that Washington is ready to face the states in court.
“The radical left can either choose to swim against the tide and reject the overwhelming will of the people, or they can work with President Trump,” Fields said. .
So far, New Jersey and the two 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 has joined a lawsuit to block the order.
Arizona, Illinois, Oregon and Washington also filed separate lawsuits in federal court challenging Trump’s order.
