Birthright citizenship, established in the 14th Amendment of the United States Constitution, grants citizenship to  anyone born in the U.S., regardless of their parents’ immigration status. This principle has been a key point of American immigration law for over 150 years. However, recent legal challenges and political debates have raised uncertainty about its future, especially in response to actions taken by the U.S. Immigration and Customs Enforcement (ICE). The debate surrounding birthright citizenship has intensified, especially with the Trump administration’s efforts to redefine it, alongside significant shifts in immigration enforcement that continue to affect immigrant communities.

The 14th Amendment, ratified in 1868, clearly states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This language has historically been interpreted “to grant American citizenship to anyone born on U.S. territory regardless of their parent’s immigration status,” as stated on Immigration Impact. The landmark Supreme Court case United States v. Wong Kim Ark (1898) reaffirmed this principle, ruling that a child born in the U.S. to non-citizen parents was a U.S. citizen.

In 2025, President Donald Trump signed an executive order attempting “to end birthright citizenship for children born to parents who are in the country illegally or temporarily,” explained in BBC News. The order focuses on the interpretation of the phrase “subject to the jurisdiction thereof,” arguing that it should exclude individuals not legally residing in the U.S. or those whose parents are undocumented. This executive action has been met with strong opposition, with critics arguing that it contradicts the constitutional guarantee of citizenship. According to the New Jersey Monitor, “A federal judge…. temporarily blocked President Donald Trump’s executive order seeking to end birthright citizenship,” calling it “blatantly unconstitutional” and emphasizing that birthright citizenship is a foundational right that has long been protected by the courts.

A decision to eliminate birthright citizenship could have significant legal and social consequences. It would create a group of individuals born on U.S. soil who would not be granted citizenship, impacting hundreds of thousands of children annually. As TIME explains, such a move could “risk deportation or detention, could lose access to public benefits, and may even be rendered stateless” for the affected children. This could lead to numerous legal and economic challenges, such as obstacles to education, healthcare, and employment, as well as increased vulnerability for immigrant communities, with their children potentially facing an unclear legal status for life.

This change comes amidst a particularly difficult time for immigrants in the US. President Trump’s immigration policy has promised “millions and millions” of deportations, featuring a removal quota. The Washington Post puts the quota at around 1200 to 1500 daily arrests. While his policy is to deport solely illegal immigrants, MSNBC reports that “The rising pressure to get deportation numbers up will likely yield increasingly sloppy and inhumane measures”.  

In practice, immigrants with legal protections and those following special procedures to obtain valid US residency have also been targeted. NPR writes extensively about how immigrants with no criminal record have been wrongly accused and detained by ICE, with a separate article stating that 48% of the 1200 detained on January 27 didn’t have one. This indiscriminate targeting of even law-abiding immigrants contradicts Trump’s campaign reassurances. With swelling numbers of detainments of both undocumented immigrants and law-abiding residents, communities across America have been gripped by fear. NBC reaffirms this sentiment, stating that “There has been concern over law-abiding migrants and those with permits also being rounded up.” 

Birthright citizenship goes hand-in-hand with immigration policy, seeing as the Trump administration views the latter to be a product of the former. Trump’s executive order would’ve indiscriminately targeted undocumented immigrants, many of whom were promised asylum and safety by previous administrations. By promoting mass deportation alongside the encouragement of similar ideas, the new immigration policy is targeting law-abiding and contributing members of American society rather than solely those illegals who degrade it.  

The future of birthright citizenship remains uncertain amid ongoing legal battles and political debates. As challenges to this long-established right continue, the potential for significant social and legal consequences appears large. A ruling against birthright citizenship would not only impact the legal standing of countless children, but could also deepen divisions within immigrant communities and the broader society. Given the potential consequences, it is important for both lawmakers and citizens to carefully consider the broader impact of these legal decisions on human rights, social justice, and the nation’s future. As this issue continues to develop, it shows the importance of ongoing discussions and advocacy to protect everyone’s fundamental rights.