News | International
1 Jun 2025 13:40
NZCity News
NZCity CalculatorReturn to NZCity

  • Start Page
  • Personalise
  • Sport
  • Weather
  • Finance
  • Shopping
  • Jobs
  • Horoscopes
  • Lotto Results
  • Photo Gallery
  • Site Gallery
  • TVNow
  • Dating
  • SearchNZ
  • NZSearch
  • Crime.co.nz
  • RugbyLeague
  • Make Home
  • About NZCity
  • Contact NZCity
  • Your Privacy
  • Advertising
  • Login
  • Join for Free

  •   Home > News > International

    What does birthright citizenship mean? Can Trump end it?

    Donald Trump's fight to end automatic citizenship for people born on US soil has reached the Supreme Court, with justices grappling with whether to maintain a freeze on his attempt.


    Donald Trump's fight to end automatic citizenship for people born in the United States has reached the Supreme Court, with justices grappling with whether to maintain a freeze on his attempt.

    Within days of becoming US president, Mr Trump signed an executive order that tried to put an end to a widely-held constitutional interpretation that guaranteed US citizenship to most people born in the country, including the children of undocumented immigrants.

    He signed the order back in Janaury, but it hasn't been enforced yet because of legal action.

    Now, months later, this issue is before the highest court in the land, but what's being debated is complicated.

    Here's what you need to know.

    What is birthright citizenship?

    It's US citizenship granted to a person because they were born in the US.

    This is based on the wording of the US Constitution, specifically in the 14th Amendment, which states:

    "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."

    Can Trump end birthright citizenship?

    That's unclear.

    It's a question further court challenges are aiming to test.

    Mr Trump's executive order conflicts with a Supreme Court decision from 1898 that held that the Citizenship Clause of the 14th Amendment made citizens of all children born on US soil (with narrow exceptions that aren't an issue in this case).

    Almost immediately after Mr Trump signed the order, 22 states as well as immigrants and rights groups launched legal action against it.

    Judges from three federal courts — which are a on a lower level to the Supreme Court — blocked the enforcement of the order while the lawsuits proceeded.

    They did this by issuing court orders which applied nationwide — which you might hear being referred to as "universal injunctions".

    The current fight in the Supreme Court is about whether federal court judges have the ability to make those broad, nationwide orders.

    It's also about what rules will apply while those lawsuits we mentioned earlier unfold.

    What happened in court?

    There was a hearing in in front of the nine justices of the Supreme Court — but a decision hasn't been made yet.

    The two-hour hearing was about the Trump administration's emergency appeal requesting the Supreme Court to scale back the injunctions.

    It wants the Supreme Court to say the injunctions only apply to those launching legal action over the order — meaning individual plaintiffs and the 22 states.

    That would mean the executive order would be carried out in the 28 states that did not sue.

    Several of the justices raised concerns that this would result in a confusing patchwork of rules.

    The court seemed keen to allow the orders preventing Mr Trump's administration from enforcing his executive order, AP reported.

    However, it appeared to be willing to look at ways to scale back nationwide court orders.

    The majority expressed concerns about what would happen if Mr Trump's administration was allowed, even temporarily, to deny citizenship to children born to people who are in the US illegally.

    None of the justices signalled an endorsement of Mr Trump's order, Reuters pointed out.

    A decision is expected by the end of June.

    Can an executive order change the US Constitution?

    No.

    But Mr Trump's team isn't arguing to change the 14th Amendment — it wants to change the way the wording of the amendment is interpreted.

    Amending the constitution could take years, and would need support from two-thirds of both the US House of Representatives and the Senate.

    Alternatively, a constitutional convention could be held.

    But either way, change would also need approval by three-quarters of the state governments within the US.

    "The Founding Fathers, in crafting the Constitution, believed it should not be easy to amend the nation's founding document and principles," the US National Conference of State Legislatures website says.

    Why does Trump want to change the rules?

    It's all part of his crackdown on both undocumented and legal immigrants.

    During the presidential campaign, Mr Trump's mass deportation plans were a key promise,

    Mr Trump has said for years that he wants to end birthright citizenship, calling it "birth tourism" and "absolutely ridiculous".

    Birth tourism is a term Republicans use when claiming people visit the US toward the end of a pregnancy in order to ensure the child is born a citizen.

    Back when Mr Trump was president in 2018, he spoke in an interview with Fox News about some of his hardest-line immigration ideas.

    An executive order on birthright citizenship was one of them.

    In a recent post to his social media platform, Truth Social, the president called the US "stupid" for allowing birthright citizenship.

    "Birthright citizenship was not meant for people taking vacations to become permanent Citizens of the United States of America, and bringing their families with them, all the time laughing at the "SUCKERS" that we are," he wrote.

    He also claimed birthright citizenship had been exploited by illegal immigrants, adding: "The drug cartels love it."

    What does the executive order say?

    Essentially, it said the meaning of the words in the 14th Amendment don't mean everyone born in the US should be a citizen.

    It also directed federal agencies to refuse to recognise the citizenship of US-born people who didn't have at least one parent who was either an American citizen or a lawful permanent resident.

    Here's some of the wording of Mr Trump's executive order, titled Protecting the Meaning and Value of American Citizenship:

    "The Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.

    "The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not 'subject to the jurisdiction thereof'."

    It goes on to say that citizenship shouldn't be granted:

    (1) when that person's mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person's birth, or

    (2) when that person's mother's presence in the United States at the time of said person's birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person's birth

    These claims have been heavily contested by legal experts and many states, leading to the current court challenge.

    ABC with Wires


    ABC




    © 2025 ABC Australian Broadcasting Corporation. All rights reserved

     Other International News
     01 Jun: Nigerian floods kill more than 150, as search for victims continues
     01 Jun: Desperate Housewives actor Valerie Mahaffey dies after cancer battle, publicist says
     01 Jun: Inside the mission to stop Putin's 'ghost ships' wreaking havoc on the seas
     01 Jun: Hamas agrees to hostage releases but pushes for 'amendments' to US proposal
     31 May: Donald Trump announces plans to double steel tariffs to 50pc to 'further secure US steel industry'
     31 May: Taylor Swift reclaims music, buying back first six albums
     31 May: Trump signals fresh trade tensions with China, accusing Beijing of violating a deal
     Top Stories

    RUGBY RUGBY
    The Blues have thrashed the Waratahs 46-6 to end their visitors' Super Rugby Pacific season, and keep their hopes of playoffs footie alive More...


    BUSINESS BUSINESS
    Nigerian floods kill more than 150, as search for victims continues More...



     Today's News

    Netball:
    The Southern Steel can't wait to have regular skipper Kate Heffernan back on the netball court in the ANZ Premiership 13:37

    Rugby League:
    The Warriors have an empty medical room for this afternoon's NRL clash against the Rabbitohs in Sydney 13:37

    Rugby League:
    They may be fierce rivals at State of Origin time, but Queenslander Kurt Capewell is welcoming New South Wales prop Mitch Barnett back into the Warriors fold this afternoon 13:07

    Motoring:
    A woman has died in hospital after a crash in Port Waikato on Friday - taking the long weekend road toll to four 12:27

    Golf:
    Sweden's Maja Stark holds a one-shot lead at seven-under heading into the final round of the US Women's Open golf major at Erin Hills 11:37

    Politics:
    There's been a big drop in women's representation, in the Government's new science leadership roles 11:07

    Law and Order:
    A chaotic Friday boy racer meeting in Levin and Palmerston North, has prompted calls for quicker, and stricter, punishments 10:47

    Politics:
    The Police Minister is hailing the gang patch ban as successful - six months on 10:37

    Law and Order:
    Police are vowing to have a strong presence in Central Hawke's Bay for a large gang gathering 10:27

    Business:
    Nigerian floods kill more than 150, as search for victims continues 10:17


     News Search






    Power Search


    © 2025 New Zealand City Ltd