Trump executive action attempts to end birthright citizenship

President Donald Trump signed an executive order Monday hoping to end birthright citizenship, one of several executive actions signed in the hours after he was sworn into office. 

Trump said he favored legal immigration as he signed orders declaring a national emergency on the U.S. border with Mexico, suspending refugee resettlement and ending automatic citizenship for anyone born in the United States.

Trump acknowledged an imminent legal challenge to overturning birthright citizenship and said automatic citizenship was "just ridiculous." He added that he believed he was on "good (legal) ground" to change it.

"That’s a big one," he bantered with reporters while signing an order declaring the border emergency.

Trump said immigrant labor was needed for investment that he anticipates will accompany higher tariffs.

"I’m fine with legal immigration. I like it, we need people," he said.

Birthright citizenship has been long enshrined in the 14th Amendment of the Constitution, meaning his efforts to halt the policy will surely face steep legal hurdles. 

U.S. standard certificate of live birth application form next to American flag and Passport of USA. Wide photo. Birthright citizenship concept.

Here’s what to know:

What is birthright citizenship? 

The backstory:

Birthright citizenship means anyone born in the United States automatically becomes an American citizen. 

In the aftermath of the Civil War, Congress ratified the 14th Amendment in July 1868. That amendment assured citizenship for all, including Black people. 

"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," the 14th Amendment says. "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." 

But the 14th Amendment didn’t always translate to everyone being afforded birthright citizenship. For example, it wasn’t until 1924 that Congress finally granted citizenship to all Native Americans born in the U.S.

The other side:

Granting birthright citizenship is not the practice of every country, and Trump and his supporters have argued that the system is being abused and that there should be tougher standards for becoming an American citizen. 

Some proponents of immigration restrictions have argued the words "subject to the jurisdiction thereof" in the 14th Amendment allows the U.S. to deny citizenship to babies born to those in the country illegally. Trump himself used that language in his 2023 announcement that he would aim to end birthright citizenship if reelected.

Trump executive order to end birthright citizenship

What we know:

Trump signed an executive order Monday aiming to end birthright citizenship. 

The Executive Order is part of his larger strategy, he has stated, to "fully secure the borders" starting on his first day in office. 

"The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Commissioner of Social Security shall take all appropriate measures to ensure that the regulations and policies of their respective departments and agencies are consistent with this order, and that no officers, employees, or agents of their respective departments and agencies act, or forbear from acting, in any manner inconsistent with this order," the order read.

The heads of all executive departments and agencies are expected to issue public guidance on the order within 30 days. 

What we don't know:

Regardless, since birthright citizenship is enshrined in the constitution, Trump’s action will surely face steep legal hurdles. 

The next steps of implementing the order are also unclear, as Trump has spoken before about taking executive action to end birthright citizenship, steering Congress to pass a law to end it, or taking the issue "back to the people." 

What they're saying:

Trump says he expects a legal challenge. He said automatic citizenship was "just ridiculous" and that he believes he was on "good (legal) ground" to change it. 

"That’s a big one," he bantered with reporters while signing an order declaring the border emergency.