Trump Moves to End Automatic Citizenship For US-Born Children

On January 20, 2025, President Donald Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship,” aimed at ending automatic citizenship for children born in the United States, commonly known as birthright citizenship.

The order states that US citizenship will only be granted to children born to at least one parent who is either a US citizen or a lawful permanent resident (LPR) with a green card. It also clarifies that infants born to foreign diplomats with immunity—who are not subject to US jurisdiction—are not eligible for birthright citizenship. This exclusion aligns with longstanding exceptions under US law.

This change will apply to infants born on or after February 19, 2025.

The order specifically excludes children born to nonimmigrant visa holders, such as those in the US on temporary visas, including:

Visa Waiver Program participants
F-1 students
B-1/B-2 tourists
H-1B workers and their dependents
L-1 visa holders and others

The policy also applies even if the parents are in valid visa status at the time of the child’s birth. However, it does not apply retroactively to children born before February 19, 2025.

Legal Challenges

Several organisations have already filed lawsuits challenging the executive order. Critics argue it violates the Citizenship Clause of the Fourteenth Amendment, which states:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

This clause, ratified in 1868, was upheld by the Supreme Court in the 1898 case United States v. Wong Kim Ark, which confirmed that all children born on US soil are citizens, regardless of their parents' citizenship. Opponents argue that the executive order cannot override constitutional protections without a formal amendment, which requires a two-thirds majority in both houses of Congress.

If the courts do not block the order, it will go into effect on February 19, 2025. However, the specifics of how the US Citizenship and Immigration Services (USCIS) will enforce this policy remain uncertain.

For parents on nonimmigrant visas, the order would likely mean applying for dependent visas (such as H-4, L-2, or F-2) for newborn children.

Global Perspective on Birthright Citizenship

Over 30 countries grant automatic citizenship to children born on their soil (jus soli, or “right of the soil”).

The following countries have unrestricted birthright citizenship:

Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Brazil, Canada, Chad, Child, Costa Rica, Cuba, Dominica, Ecuador, El Salvador, Fiji, Grenada, Guatemala, Guyana, Honduras, Jamaica, Lesotho, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Tanzania, Trinidad and Tobago, Tuvalu, the United States, Uruguay, and Venezuela.

In contrast, countries like the United Kingdom and Australia offer modified versions of jus soli, granting citizenship only if at least one parent is a citizen or permanent resident.

Next Steps

The legal battle surrounding the executive order could result in a court injunction preventing its enforcement while the case is reviewed. Until then, it is uncertain how or if the order will be implemented.

For affected families, this policy may significantly impact the status of newborn children, adding a new layer of complexity to US immigration procedures.

If you need assistance with your US visa application, IaM can help.

Do you agree with Trump’s decision to end birthright citizenship? Talk to us in the comment section below. Or if you need more advice on the above, contact us for further travel & immigration advice.

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