Trump Targets Birthright Citizenship: How Do Other Nations Approach It?

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Key Takeaways

• Trump’s executive order on January 20, 2025, seeks to restrict birthright citizenship for children of illegal or temporary migrants.
• The order faces legal opposition, with a restraining order on January 23, 2025, and a nationwide injunction on February 5, 2025.
• The policy change, set for February 19, 2025, challenges over 150 years of Fourteenth Amendment birthright citizenship precedence.

On January 20, 2025, President Donald Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship.” This order proposed a significant reshaping of the concept of birthright citizenship in the United States. If implemented, it would prevent certain children born on U.S. soil from automatically gaining citizenship, specifically those whose parents are either in the country illegally or present only temporarily. Scheduled to take effect on February 19, 2025, this directive has already been met with both legal and social debates over its compatibility with the Fourteenth Amendment of the U.S. Constitution.

The Legal and Historical Framework

Trump Targets Birthright Citizenship: How Do Other Nations Approach It?

Birthright citizenship in the U.S. has long been rooted in the principle of jus soli, meaning “right of the soil.” Originating from common law, this constitutional guarantee has been entrenched in the Fourteenth Amendment since 1868. The amendment explicitly states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Over the decades, U.S. courts, including the Supreme Court, have consistently interpreted this clause to uphold what is commonly understood as unconditional birthright citizenship.

Efforts to alter this foundational element of U.S. citizenship are not unprecedented. However, the recent executive order marks a stark challenge to these interpretations. Just three days after its signing, Judge John Coughenour issued a temporary restraining order against the directive. A more sweeping nationwide injunction followed on February 5, 2025, when Judge Deborah Boardman ruled that the order directly conflicted with constitutional guarantees and more than a century of legal precedent. These judicial actions emphasize the tension between executive actions and entrenched constitutional principles.

Birthright Citizenship: A Global Perspective

The United States is one of approximately 30 countries that still grant near-unrestricted birthright citizenship. This contrasts markedly with policies in other regions, where varying degrees of restrictions are applied. Examining these differences highlights how nations adapt citizenship laws to address historical, political, and social dynamics.

South America

South American nations are among the strongest adherents to unrestricted birthright citizenship. Countries like Argentina 🇦🇷, Bolivia 🇧🇴, and Brazil 🇧🇷 automatically confer citizenship to anyone born within their borders, with specific exceptions for children of foreign diplomats. Unique nuances exist, such as in Chile 🇨🇱, where children of foreigners engaged in government service must affirm their citizenship choice at adulthood. Colombia 🇨🇴 takes a modified approach, granting citizenship to children born on its soil if at least one parent is Colombian or a legal resident. Interestingly, in a humanitarian gesture, Colombia extended citizenship to Venezuelan migrant children born in the country, regardless of their parents’ status.

North America

In contrast, restrictive practices are more common in parts of North America. For example, the Dominican Republic 🇩🇴 amended its constitution in 2010 to exclude children born to “non-residents,” including those with expired residency permits or undocumented workers. This restrictive interpretation of jus soli reflects broader debates about the interplay between immigration and citizenship.

Oceania

Pacific nations such as Fiji 🇫🇯 and Tuvalu 🇹🇻 also adhere to unrestricted birthright citizenship policies, reflecting a more liberal stance on nationality laws despite their relatively smaller populations.

Asia

Countries across Asia typically impose stricter limitations on citizenship by birth. For example:
– Pakistan 🇵🇰: Historically generous with jus soli, Pakistan changed its laws in 2024, requiring at least one parent to be a citizen, permanent resident, or for the child to reside in the country for ten years before acquiring citizenship.
– China 🇨🇳: The law restricts automatic citizenship to children born to stateless parents who are settled residents in the country.
– Cambodia 🇰🇭: Cambodia modified its laws to limit citizenship to children born to parents both born in and residing legally in the country.
– Hong Kong 🇭🇰: Rules here are complex. Children born to Chinese citizens in Hong Kong are granted residency, while others may qualify depending on their parents’ citizenship and residency status.

These diverse approaches demonstrate the wide range of ways Asian nations address the balance between the right of the soil and national sovereignty considerations.

Europe

Ireland 🇮🇪 represents a notable example of policy evolution in Europe. For a long time, it was the final bastion of unrestricted birthright citizenship in the European Union until a 2004 constitutional amendment introduced limitations. Under the new policy, at least one parent must be an Irish, British, or legal resident for a child to claim Irish citizenship. This shift was largely driven by fears of exploitation of the system, wherein non-EU parents could secure residency in the UK via Ireland-born children.

The move sparked significant public discussion. Case studies like that of a nine-year-old boy under threat of deportation brought the issue to the forefront in 2018. While public sentiment leaned toward restoring unrestricted birthright citizenship, with a survey showing 71% support, the legislative efforts ultimately failed.

The Shrinking Scope of Jus Soli Globally

The United States is not alone in reconsidering its approach to birthright citizenship. Several nations in recent years have taken steps to restrict access:
1. The Dominican Republic 🇩🇴, in 2013, vastly narrowed citizenship eligibility, requiring at least one parent of Dominican descent. This left more than 200,000 children, mostly of Haitian descent, effectively stateless.
2. Pakistan 🇵🇰, as noted, recently imposed more stringent requirements.
3. Ireland 🇮🇪 ended its unrestricted practice in 2004, as detailed earlier.

These examples illustrate a global trend driven by increased immigration, evolving national identities, and debates over resource allocation.

Broader Implications of the U.S. Debate

In the context of global trends, Donald Trump’s executive order represents a departure from the historical norm in the United States, where jus soli has long been a hallmark of inclusion and integration. Should such a policy change succeed—despite current judicial obstacles—it would mark one of the most significant shifts in U.S. immigration policy in decades.

Legal and historical analysis from VisaVerge.com underscores that attempts to end birthright citizenship rest on uncertain legal footing. The Fourteenth Amendment and its carefully worded guarantees have weathered challenges for over 150 years. Additionally, precedent from cases such as Wong Kim Ark in 1898 reaffirmed the principle of jus soli for children even of non-citizens. Today, arguments for restricting it point to immigration control and preventing alleged system misuse, while critics contend that such moves undermine basic constitutional protections and exacerbate social marginalization.

Conclusion

Birthright citizenship has long been a cornerstone of automatic nationality in the United States, enshrined by the Fourteenth Amendment. Donald Trump’s 2025 executive order poses a direct challenge to this tradition, sparking widespread legal and social disputes. While the ongoing legal outcomes remain uncertain, the broader international context reveals a mixed picture. Countries worldwide continue to grapple with striking the right balance between adapting to immigration realities and maintaining inclusive citizenship protections.

The global trend shows a more restrictive tilt on birthright citizenship, with countries like the Dominican Republic, Pakistan, and Ireland moving away from unconditional jus soli policies. However, this doesn’t mean the death of the principle. Nations like Colombia demonstrate that thoughtful reforms can make citizenship approaches more inclusive, even amid changing socio-political climates.

How the U.S. resolves this issue will undoubtedly resonate far beyond its borders, potentially influencing future debates in countries questioning their own citizenship laws. For readers wanting exposure to authoritative information on broader U.S. immigration topics, visiting the U.S. Citizenship and Immigration Services (USCIS) website would be highly beneficial.

Learn Today

Executive Order → A formal directive issued by a president to manage operations of the federal government, often carrying legal authority.
Birthright Citizenship → The right to acquire a country’s citizenship automatically by being born within its territory, regardless of parents’ status.
Jus Soli → Latin for “right of the soil,” referring to granting citizenship based on birthplace rather than parentage.
Fourteenth Amendment → A constitutional amendment guaranteeing citizenship to all born or naturalized in the U.S. and ensuring due process rights.
Stateless → A status where an individual is not considered a citizen of any country, lacking legal benefits and protections.

This Article in a Nutshell

Donald Trump’s 2025 executive order challenges birthright citizenship, historically rooted in the Fourteenth Amendment. By denying citizenship to children of undocumented or temporary residents, it faces fierce legal battles and sparks constitutional debate. As global policies shift, will the U.S. follow restrictive trends or preserve this cornerstone of inclusion? The outcome matters globally.
— By VisaVerge.com