The Trump administration holds strong views on birthright citizenship. This policy grants automatic citizenship to nearly everyone born on U.S. soil. President Donald Trump described it as “a disgrace.” Top White House adviser Stephen Miller called it “the gravest and most preposterous of all constitutional abominations” on social media. In 2025, Vice President JD Vance labeled it “the dumbest immigration policy in the world.” Trump repeatedly claims, incorrectly, that the U.S. is the only country with this policy.
The Supreme Court is poised to address the issue soon. A Trump executive order threatens to alter over a century of legal precedent. Trump expresses hope in the outcome, stating, “It’s all up to a couple of people.”
History of Birthright Citizenship
Birthright citizenship became law in 1868 with the ratification of the 14th Amendment. This followed the Civil War and ensured citizenship for former slaves. Later, a Supreme Court case expanded it to include children of immigrants. For instance, Wong Kim Ark, born in the U.S. to Chinese parents, set a key precedent. Subsequent rulings affirmed that anyone born in the U.S. is a citizen. This includes those with parents residing illegally or temporarily.
There are few exceptions, primarily for foreign diplomats’ children born on U.S. soil. Until Trump, birthright citizenship was largely accepted in U.S. law.
Controversy and Political Views
Trump argues that birthright citizenship encourages illegal immigration. His administration highlights illegal “birth tourism” networks, where non-citizens enter the U.S. to give birth. Legal arguments against the practice focus on a phrase in the 14th Amendment: “subject to the jurisdiction thereof.” Trump’s legal team interprets this as grounds for denying citizenship to children born to those in the U.S. illegally. However, some conservative Supreme Court justices questioned this interpretation during oral arguments in April.
Birthright Citizenship Worldwide
Trump asserts that only the U.S. has birthright citizenship. This is inaccurate. While this practice is not universal, dozens of countries offer unrestricted birthright citizenship. Many are in the Americas, including Canada, Mexico, and several Central and South American countries.
Elsewhere, a mix of rules determines citizenship. Countries such as Germany and Australia consider factors like parenthood, place of birth, residency, and ethnicity.
For more detailed information, refer to AP Fact Checks.
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