¿Can Trump take away birthright citizenship in the United States?
- paola vanessa romero rondon
- 2 days ago
- 4 min read
Trump criticizes birthright citizenship in the U.S., and the Supreme Court is discussing the issue. What does this mean for the children of immigrants? Find out here, easily and clearly.
The President of the United States, Donald Trump, said that birthright citizenship was created to protect the 'babies of slaves,' and not for children of people who come on vacation or are in the country without being citizens or legal residents.
These statements were made on the same day the Supreme Court was debating this right, which has been defended by several federal judges and is part of laws passed even before 1868.
¿What is birthright citizenship?
Birthright citizenship is a right guaranteed in the United States since 1868 by the Fourteenth Amendment to the Constitution. It states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…”
In other words:
If your child was born on U.S. soil, they are a citizen, regardless of your immigration status.
It does not matter whether you entered with a visa, without papers, or if you are awaiting asylum.
Donald Trump wrote the following on his social network Truth Social:
“Birthright citizenship was not intended for people who are on vacation to become permanent citizens of the United States and bring their families with them.”
He also stated that:
Birthright citizenship was intended for babies born to slaves after the end of the Civil War in 1865.
“This had nothing to do with illegal immigration by people who want to scam us.”
“Now there are people coming in from all over South America and the rest of the world.”
And he criticized that, for being “politically correct,” the United States is a “stupid country.”
These statements were published while the Supreme Court, with a Republican majority, was analyzing whether this right can be changed or limited.
So far, the Supreme Court has upheld the right to birthright citizenship. Additionally:
Congress passed federal laws prior to 1868 recognizing this right.
There is currently no enacted law or judicial ruling that eliminates this benefit.
Important: Although the Court has a conservative majority, it has not yet issued any decision that changes birthright citizenship.
¿What does Trump want to do?
The president wants to halt the granting of citizenship to children born in the U.S. to:
Mothers in irregular (undocumented) status.
Parents with temporary visas.
People who are neither citizens nor legal residents.
This intention had already been attempted through an executive order, but federal judges blocked it.
Important: A president cannot change the Constitution on their own. To remove birthright citizenship, it would require:
A constitutional amendment, which must be approved by Congress and the states.
Or a Supreme Court decision that interprets the Fourteenth Amendment differently.
None of these things have happened. For now, the right remains in effect and nothing has changed in the law.
Trump's statements seek to influence public debate, but they do not have legal force on their own. Birthright citizenship remains protected by the Constitution and by previous Supreme Court decisions.
If you are in the U.S. and your child is born here, he or she is a U.S. citizen, regardless of your status.
Frequently Asked Questions (FAQ)
¿What happens if I enter as a tourist and my child is born in the U.S.?
Your child obtains citizenship by birth, but you do not receive any automatic immigration benefit because of that.
¿Can I lose custody of my citizen child if I am undocumented?
Not necessarily. You can be deported, but your child remains a citizen. There are legal cases to protect family unity.
¿Can this law change soon?
So far, no changes have been approved. Everything remains the same. Any modification would be difficult, as it would require a constitutional amendment.
Fuente: Diario Las Américas
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