President Donald Trump‘s executive order to end birthright citizenship in the U.S. has sparked numerous legal battles and raised concerns for immigrant families. For nearly 160 years, the 14th Amendment of the U.S. Constitution has granted automatic citizenship to anyone born in the country. However, Trump’s executive order aims to deny citizenship to children born to migrants who are in the U.S. illegally or on temporary visas. This move has garnered public support, as suggested by a poll from Emerson College, but it also raises questions about the future of birthright citizenship and its place in U.S. law.

Birthright Citizenship Around the World

Birthright citizenship, or jus soli (right of the soil), is not common worldwide. The U.S. is one of about 30 countries, mainly in the Americas, that grant automatic citizenship to anyone born on their soil. Many countries in Asia, Europe, and Africa follow jus sanguinis (right of blood), where citizenship is determined by the nationality of the parents, not the place of birth.

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Countries like India, once a proponent of birthright citizenship, have now restricted it due to concerns over immigration, especially from neighboring Bangladesh. Most African nations that followed jus soli under colonial law have now abandoned the practice after gaining independence, with many requiring at least one parent to be a citizen or permanent resident. In Asia, countries such as China and Singapore maintain strict citizenship laws that primarily rely on descent.

In Europe, Ireland was the last country to maintain unrestricted jus soli before abolishing it in 2004. The change came after a significant public referendum when voters expressed concerns about “birth tourism”—foreign nationals coming to Ireland to have babies to gain European Union citizenship for their children.

Global Trends in Citizenship Laws

The shift in citizenship laws globally highlights a broader trend in reaction to increased migration. Many countries are reevaluating their policies to ensure that citizenship aligns with national interests and addresses concerns about immigration. Professor John Skrentny, a sociology expert at the University of California, San Diego, explains that these changes reflect the complexities of modern nation-building and immigration.

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In the Dominican Republic, a 2010 constitutional amendment redefined citizenship to exclude children of undocumented migrants. A 2013 Supreme Court ruling retroactively stripped tens of thousands, mostly of Haitian descent, of their Dominican nationality. While this move was widely condemned by human rights organizations, the Dominican Republic passed a law in 2014 to grant citizenship to Dominican-born children of immigrants, especially those of Haitian descent.

Skrentny argues that these changes are driven by the realities of mass migration and easy transportation, which make it easier for people to move across borders and strategically seek citizenship in certain countries.

Legal Challenges to Trump’s Executive Order

President Trump’s executive order has faced immediate legal challenges from Democratic-run states, cities, civil rights organizations, and individuals. Legal scholars argue that Trump cannot end birthright citizenship with an executive order. Two federal judges have already ruled in favor of plaintiffs, most recently in Maryland, where a judge sided with five pregnant women who argued that denying their children citizenship violated the U.S. Constitution.

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Saikrishna Prakash, a constitutional law expert, believes this issue will ultimately be decided by the courts, not by the executive branch alone. The order is currently on hold as it makes its way through the legal system, with the potential for the Supreme Court to weigh in. The outcome may hinge on how the Court interprets the 14th Amendment, especially given the conservative majority among justices.

Conclusion

President Trump’s executive order to end birthright citizenship marks a critical moment in the ongoing debate over immigration and national identity. While the U.S. has historically granted citizenship to anyone born on its soil, the global trend suggests that many countries are reevaluating their own citizenship laws. The legal battles surrounding Trump’s order will shape the future of birthright citizenship and have broader implications for immigration policy in the U.S.