Trump's Executive Order on Birthright Citizenship: Legal Implications and Supreme Court Battle Explained

On the very first day of his swearing-in, Trump signed an executive directive opposing birthright citizenship, which was overturned by a federal court in Seattle the following day.

President Donald Trump stated that birthright citizenship was originally intended for the offspring of enslaved individuals and not as a means for people worldwide to enter and settle in the U.S.

On the first day of his tenure, Trump enacted an order challenging birthright citizenship, only for a federal court in Seattle to nullify it the next day.Trump has signaled his plan to contest the decision. On Thursday, he conveyed optimism that the Supreme Court would rule in his support.

Explained | Is Trump’s directive on birthright citizenship legally valid?

"Birthright citizenship, if you examine its origins, was designed for the children of former slaves. It was never meant for the entire world to enter and flood into the U.S.," Trump told reporters in the Oval Office.

"People are arriving with no eligibility, and potentially their children too, with no qualifications. That was not the intent," he added.

Emphasizing that it was meant for the descendants of slaves, he described it as a "just and honorable" initiative.

"I fully support that 100 percent. But it was not meant for the entire world to settle in the U.S.," Trump asserted.

I strongly believe that we will succeed in the Supreme Court. I anticipate a victory in that case and look forward to it," he said. "At this level, we are the only nation in the world that operates this way."

Earlier this week, a group of Republican Senators introduced a proposal in the U.S. Senate to limit birthright citizenship for the children of undocumented immigrants and non-immigrants holding temporary visas.

Senators Lindsey Graham, Ted Cruz, and Katie Britt, who introduced the bill, argued that the misuse of birthright citizenship is a major driver of illegal immigration and a vulnerability to national security.

The U.S. is one of only 33 nations worldwide without restrictions on birthright citizenship, they noted. The Center for Immigration Studies estimated that in 2023, between 225,000 and 250,000 births in the U.S. were to undocumented immigrants, making up nearly seven percent of all births in the country.

The Birthright Citizenship Act of 2025 defines who is eligible for citizenship by birth in the U.S., specifying that at least one parent must be either a U.S. citizen or national, a lawful permanent resident, or an active-duty service member in the armed forces.

This legislation applies only to children born after the law takes effect.