What Is Birthright Citizenship? A Closer Look at the 14th Amendment

The 14th Amendment guarantees birthright citizenship, but a new Supreme Court case could test its limits. Here’s what to know.

President Donald Trump has moved forward with efforts to end birthright citizenship as part of his second-term agenda, drawing sharp criticism and igniting a fierce legal battle. On December 8, 2024, he told NBC’s Kristen Welker on Meet the Press that he planned to issue an executive order ending birthright citizenship in the United States.

As of April 2026, the Supreme Court of the United States is hearing arguments over the policy, which challenges long-standing interpretations of the 14th Amendment. The case could determine whether children born in the U.S. to certain non-citizen parents are still automatically granted citizenship.

Find out what birthright citizenship means, whether Trump has the authority to make this change, and who could be affected if it takes effect.

What Is the Meaning of Birthright Citizenship?

Birthright citizenship is the legal principle that grants automatic citizenship to any child born on the territory of a country, regardless of the citizenship or immigration status of their parents. In the United States, this principle is enshrined in the 14th Amendment of the U.S. Constitution, which states:

“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.”

This means that any child born on U.S. soil, whether their parents are citizens, legal residents, or undocumented immigrants, automatically acquires U.S. citizenship at birth.

Can Trump End Birthright Citizenship?

Trump has stated that he still intends to end birthright citizenship, a goal he previously listed as a priority for his first day in office. In December 2024, he said he planned to do so through executive action, though he has not provided specific details on how he would implement or enforce the change.

In June 2025, the U.S. Supreme Court issued a ruling limiting lower courts’ power to block Trump’s executive order, giving his administration more leeway to pursue restrictions on birthright citizenship while legal challenges continue.

To formally amend the 14th Amendment, a two-thirds majority vote in both the House of Representatives and the Senate would be required, followed by ratification by three-fourths of state legislatures—a process seen as highly unlikely despite Republican control of Congress.

Who Would Be Affected by the Change?

If Trump were to end birthright citizenship, it would primarily impact:

1. Children Born to Undocumented Immigrants: The most direct impact would be on children born in the U.S. to undocumented immigrants. Currently, these children automatically receive U.S. citizenship under the 14th Amendment. Without birthright citizenship, they would not gain citizenship at birth.
2. Children Born to Temporary Residents or Tourists: If birthright citizenship were revoked, children born to non-citizens, such as tourists, diplomats, or temporary workers, could also be denied automatic citizenship, despite being born on U.S. soil.
3. U.S.-Born Children of Immigrants Seeking Citizenship: Families of immigrants could face increased challenges in securing citizenship or legal status for their children, particularly in cases where the parents are not U.S. citizens or lawful permanent residents.