Trump has vowed to end birthright citizenship. Can he do it?

March 31, 2026

President Donald Trump signed an executive order attempting to end automatic birthright citizenship for children born in the US to parents who are in the country illegally or on temporary visas, a policy he has long advocated. The order challenges the 14th Amendment's citizenship clause, which has been interpreted since 1898 to grant citizenship to nearly all people born on US soil regardless of their parents' immigration status. Multiple federal courts have blocked the order, calling it unconstitutional, though Trump has appealed to the Supreme Court, which is scheduled to hear arguments on the case.

Who is affected

Children born in the US to parents who are in the country illegally or on temporary visas
Approximately 250,000 babies born to unauthorized immigrant parents annually (based on 2016 data)
1.2 million US citizens born to unauthorized immigrant parents as of 2022
Potentially 4.7 million people by 2050 who would become unauthorized immigrants under the policy change
Families of unauthorized immigrants who could face deportation together
Federal agency employees tasked with implementing narrower citizenship interpretations

What action is being taken

The Supreme Court is scheduled to hear arguments on the case on April 1 (Wednesday)
Federal judges in district courts in Maryland, Massachusetts, and Washington state have issued nationwide injunctions blocking Trump's order from being carried out
The Trump administration is appealing those injunctions to the Supreme Court

Why it matters

This case challenges one of the fundamental principles of American citizenship that has been established in the Constitution since 1868 and affirmed by the Supreme Court in 1898. Eliminating birthright citizenship would create a permanent subclass of people born in the US who are denied full rights as Americans, potentially affecting millions of individuals over time. The case also tests the limits of presidential executive power versus constitutional law, as most legal scholars argue the president cannot unilaterally change constitutional interpretation through executive order. The outcome could reshape American immigration policy and citizenship rights for generations, fundamentally altering who is considered an American citizen and how citizenship is acquired.

What's next

The Supreme Court is scheduled to hear arguments in the case on April 1
The Supreme Court will ultimately decide whether Trump's executive order can proceed or whether the lower court injunctions blocking it remain in place

Read full article from source: BBC