Latest on President Trump’s Attempt to End US Birth Citizenship – What Is the Implication to Africans

On his first day in office on January 20, 2025, President Donald Trump recorded 26 executive orders, including signing an executive order to end birthright citizenship. This policy change, which Trump has long advocated for, aims to deny citizenship to children born to undocumented migrants or individuals on temporary visas.

The order applies to children born on or after February 19, 2025, and does not apply retroactively. However, legal experts argue that Trump cannot unilaterally implement this policy, as birthright citizenship is enshrined in the 14th Amendment of the U.S. Constitution.

However, this is not Donald Trump’s first attempt to revoke birthright citizenship. During his first term as president, he repeatedly expressed his desire to end the automatic granting of U.S. citizenship to children born on American soil to non-citizen parents. In 2018, he proposed using an executive order to challenge the 14th Amendment, which guarantees birthright citizenship, but the idea faced significant legal opposition and was never implemented.

However, the question now is, can President Trump succeed this second time and the birth citizenship is revoked, and what is the implication to Nigerians and Africans?

What is Birthright Citizenship?

The 14th Amendment, adopted in 1868, guarantees that:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

This provision was originally intended to ensure citizenship for formerly enslaved people following the Civil War. In 1898, the Supreme Court ruled in United States v. Wong Kim Ark that the 14th Amendment applies to the children of immigrants, regardless of their parents’ legal status.

Historical Context and Supreme Court Precedents

Key Supreme Court decisions and constitutional amendments have shaped the legal foundation of birthright citizenship in the United States, reinforcing its validity over time. One of the earliest and most infamous cases on citizenship was Dred Scott v. Sandford (1857). In this ruling, the Supreme Court declared that African Americans, whether free or enslaved, could never be U.S. citizens and had no legal standing in federal courts. This decision intensified national tensions over slavery and contributed to the Civil War.

The 14th Amendment was ratified in 1868 to rectify Dred Scott’s injustice. It explicitly stated that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This Amendment was crucial in ensuring that formerly enslaved individuals and their descendants were granted full citizenship rights. Establishing birthright citizenship as a constitutional principle prevented future legal exclusions based on race or ancestry.

The principle was further reinforced in United States v. Wong Kim Ark (1898), a landmark Supreme Court case that affirmed birthright citizenship applies to children of non-citizen immigrants. The Court ruled that a child born in the U.S. to Chinese immigrant parents was a U.S. citizen under the 14th Amendment, despite widespread anti-immigrant sentiment at the time. This decision solidified the interpretation that birthright citizenship extends to all individuals born on U.S. soil, regardless of their parents’ nationality or immigration status.

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Since Wong Kim Ark, the Supreme Court has not revisited the issue of birthright citizenship, making it one of the strongest legal precedents in constitutional law. Any attempt to revoke or alter birthright citizenship through an executive order would face significant legal and constitutional challenges, as the matter has consistently been interpreted as a constitutional guarantee rather than a policy that can be changed at the discretion of the president.

Potential Impact of Ending Birthright Citizenship

Ending birthright citizenship would have significant demographic and immigration consequences, particularly for families of undocumented immigrants. According to Pew Research, in 2016 alone, approximately 250,000 babies were born in the U.S. to undocumented immigrant parents. By 2022, this number had grown to 1.2 million U.S. citizens who were born to unauthorized immigrant parents. These figures highlight the extent to which birthright citizenship has shaped American demographics, allowing children of immigrants to integrate fully into society as legal citizens.

If birthright citizenship were revoked, the number of undocumented immigrants in the U.S. could surge. The Migration Policy Institute estimates that by 2050, as many as 4.7 million people could be classified as undocumented simply because they would no longer have an automatic right to U.S. citizenship at birth. This would not only increase the size of the undocumented population but could also create a generational cycle of legal uncertainty, as children of undocumented parents would lack clear citizenship status, and this would limit their access to legal protections and social benefits designed for citizens.

Beyond immigration concerns, revoking birthright citizenship would have significant economic and social repercussions. One major consequence is the potential loss of federal funding for states. Programs such as Medicaid, the Children’s Health Insurance Program (CHIP), and other essential social services rely on funding that is allocated based on the number of legal residents. If hundreds of thousands of children were suddenly deemed ineligible for citizenship, states could see drastic cuts in federal aid, straining already overburdened public healthcare and education systems.

Additionally, ending birthright citizenship could lead to an increase in statelessness, where children born in the U.S. would risk being undocumented, even though they were born on American soil. Many countries do not grant automatic citizenship based on lineage, meaning that these children could end up without any recognized nationality, making them vulnerable to deportation and legal discrimination. This could create a humanitarian crisis, as millions of children would be at risk of being left without access to fundamental rights and opportunities.

Family separation would also become a more pressing issue. Former President Trump has openly stated that children of undocumented immigrants should be deported alongside their parents, despite their birth in the United States. This approach would further destabilize immigrant communities, breaking apart families and disrupting the lives of children who have no other home but the U.S. The psychological and social effects of such forced removals would be profound, creating long-term trauma for those affected.

Legal Challenges and Initial Court Rulings

The executive order attempting to end birthright citizenship has already sparked immediate and intense legal opposition. Within days of its signing, nearly two dozen state attorneys general, along with several immigrant rights organizations—including the American Civil Liberties Union (ACLU)—filed lawsuits against the federal government. These legal challenges argue that the order directly contradicts the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all individuals born on American soil. Additionally, a coalition of pregnant mothers also joined the lawsuits, asserting that the order creates unnecessary fear and uncertainty for their children’s future.

In response to these lawsuits, the federal judiciary moved swiftly. On January 23, 2025, a U.S. district judge in Seattle, John C. Coughenour, who was appointed during the Reagan administration—issued a temporary restraining order (TRO) blocking the executive order from taking effect for 14 days. In his ruling, Judge Coughenour strongly condemned the order, calling it “blatantly unconstitutional.” He emphasized that the Supreme Court has consistently upheld the principle of birthright citizenship, particularly in cases like United States v. Wong Kim Ark (1898), which affirmed that children born to non-citizen parents in the U.S. are entitled to citizenship.

While the temporary restraining order halts enforcement for now, further legal proceedings will determine the long-term fate of the executive order. In the coming weeks, federal courts will evaluate whether a preliminary injunction should be granted, which could extend the order’s suspension indefinitely. If the case reaches the Supreme Court, it could set a defining precedent on birthright citizenship, testing the limits of executive authority and reaffirming, or potentially reshaping—how the 14th Amendment is interpreted in modern immigration law.

What’s Next?

• The case is expected to be appealed, and further court rulings will determine the legality of the executive order.
• Legal experts anticipate a lengthy battle, with the possibility of the Supreme Court issuing a final ruling.

Can Trump Overturn Birthright Citizenship?

Most legal scholars agree that President Trump cannot unilaterally end birthright citizenship through an executive order. The 14th Amendment to the U.S. Constitution explicitly grants citizenship to all individuals born on American soil, regardless of their parent’s immigration status. Because this right is enshrined in the Constitution, altering or abolishing it would require a complex and highly unlikely process.

One potential avenue would be amending the Constitution, which is an extraordinarily difficult and rare process. To pass an amendment, both the House of Representatives and the Senate must approve it by a two-thirds majority, followed by ratification from three-fourths of the U.S. states. Given the current political climate and the historical difficulty of amending the Constitution, this path remains highly improbable.

Another possible route is a legal challenge that reaches the Supreme Court, where President Trump could attempt to reinterpret the 14th Amendment’s citizenship clause. However, this approach also presents significant obstacles. The Supreme Court has already ruled in United States v. Wong Kim Ark (1898) that birthright citizenship applies to children of non-citizen immigrants. Overturning this precedent would require a major shift in constitutional interpretation and a favourable ruling from a conservative-leaning Supreme Court. Even then, such a decision would face strong resistance from legal scholars, civil rights groups, and lawmakers.

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Ultimately, while Trump’s executive order may generate political debate and legal challenges, the structural safeguards within the U.S. Constitution and judicial system make it highly unlikely that birthright citizenship can be revoked without a major constitutional overhaul.

What is the Implication of President Trump’s Revoking of Birth Citizenship to Nigerians and Africans as a Whole

The potential revocation of birthright citizenship in the U.S. by President Trump could have serious implications for Africans, particularly Nigerians, who have a significant diaspora presence in the country. Here are some key impacts:

1. Impact on Nigerian and African Immigrant Families

Many Nigerians and Africans travel to the U.S. on temporary visas, including student and work visas, and some give birth while in the U.S. to secure citizenship for their children. If Trump’s executive order is upheld, children born to non-citizen Nigerian parents may no longer automatically qualify for U.S. citizenship, and this will limit their future opportunities.

2. Decline in ‘Birth Tourism’

Some Nigerians and Africans engage in birth tourism, where pregnant women travel to the U.S. specifically to give birth so their child can acquire U.S. citizenship. If birthright citizenship is revoked, this practice will become irrelevant, as children of non-citizens will not gain automatic citizenship.

3. Restrictions on Future Immigration Opportunities

Many African families use the citizenship of a U.S.-born child to facilitate family reunification visas for siblings and parents. If birth citizenship is revoked, it could eliminate this pathway, and this could make it harder for Africans to legally migrate to the U.S. through family sponsorship.

4. Economic and Educational Impact

Many Nigerian and African families depend on their U.S.-born children for access to better education, healthcare, and economic opportunities. Without U.S. citizenship, these children may lose privileges, such as access to federal student loans, scholarships, and government programs.

Key Takeaways

• Trump’s executive order is temporarily blocked but remains a major legal and political issue.
• The 14th Amendment firmly establishes birthright citizenship, which makes unilateral changes difficult.
• If implemented, the order could have significant legal, economic, and social consequences on children born by undocumented immigrant parents and individuals on temporary visas.
• The Supreme Court may ultimately decide the fate of birthright citizenship in the U.S.

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