Donald Trump has reignited a debate as old as the 14th Amendment itself by vowing to end birthright citizenship on his first day in office. During a recent appearance on NBC’s Meet the Press, the incoming president took aim at a provision that grants automatic U.S. citizenship to anyone born on American soil, regardless of their parents’ immigration status. While the amendment was originally intended to ensure citizenship for the children of freed slaves after the Civil War, its modern application has become a legal loophole benefiting illegal immigrants and birth tourists.
The 14th Amendment’s language explicitly limits citizenship to those “subject to the jurisdiction” of the United States, a clause that already excludes children of foreign diplomats. Yet its broad interpretation today allows for what Trump has called “ridiculous” abuses, including birth tourism—a phenomenon where foreign nationals, particularly from countries like China, arrive in the U.S. just in time to deliver a baby who automatically becomes an American citizen. This practice has not only expanded immigration loopholes but has also complicated enforcement efforts, as children born to illegal immigrants effectively shield their parents from deportation under the guise of family unity.
Trump is intent on dismantling what he views as an outdated and misapplied policy. While he has floated the idea of using executive action to tackle the issue, he acknowledges that a constitutional amendment might be required to make the change stick. “We’ll maybe have to go back to the people,” he remarked, suggesting that he’s ready for a long-term fight if necessary. Trump argues that America is an outlier in allowing unrestricted birthright citizenship. While his claim that the U.S. is the only country with such a policy is a slight exaggeration, it’s true that this practice is rare among developed nations. In fact, only the U.S. and Canada allow automatic citizenship without any parental qualifications in the industrialized world.
The broader global picture doesn’t do much to bolster the case for unrestricted birthright citizenship, either. Only 33 of the world’s 193 countries grant citizenship to anyone born on their soil, with most imposing conditions such as requiring at least one parent to be a legal resident or citizen. Trump has made it clear that the United States’ policy is a glaring exception, not the rule, and he’s determined to bring it more in line with international norms. Meanwhile, Trump has expressed a willingness to work with Democrats on a plan to address the status of so-called DREAMers—illegal immigrants brought to the U.S. as children who have spent most of their lives in the country.
However, Trump’s critics, particularly those who support expansive immigration policies, have predictably labeled his approach as inhumane. They argue that ending birthright citizenship and ramping up deportations would lead to family separations on a massive scale. Trump and his incoming border czar, Tom Homan, have countered with a bluntly practical solution: don’t separate families—deport them together. “I don’t want to be breaking up families,” Trump has said, adding that the only way to avoid doing so is to send parents and children back as a unit. For Trump, it’s all part of a broader effort to tighten immigration rules and restore what he sees as a long-lost sense of order at the border. Whether you agree with his methods or not, one thing is clear: the days of exploiting America’s immigration loopholes may be numbered.
