US President Donald Trump has said that birthright citizenship was primarily intended for the babies of slaves and not a way for "rich" immigrants to make their "whole family US citizens". The remarks came days after the US Supreme Court agreed to review the long-simmering controversy over birthright citizenship.
Talking to the American news outlet Politico, the Republican leader defended his executive order against birthright citizenship and said it would be "devastating" if his administration loses the case in the Supreme Court.
"...The case is very interesting because that case was meant for the babies of slaves. And if you look at the dates on the case, it was exactly having to do with the Civil War. That case was not meant for some rich person coming from another country, dropping ... putting a foot in our country, and all of a sudden their whole family becomes, you know, United States citizens," Trump said.
"That case is all about slaves, the babies of slaves, and it was a good reason for doing it. And that's all it was about, and people now are understanding it. It's been explained to 'em. And I think the court understands it, too. That would be a devastating decision if we lose that case," he added.
Trump stressed that America cannot afford to house tens of millions of people who came in through birthright citizenship. "When that happened, that was meant for the ... the babies of slaves, and if you look at the exact dates that it was passed, it all had to do with the Civil War and the ending of the Civil War. It's that little period of time, and people now are starting to understand that," he said.
Trump's Executive Order On Birthright Citizenship
In January 2025, President Trump issued an executive order removing the recognition of citizenship for the US-born children of both immigrants here illegally and visitors here only temporarily. The new rule is not retroactive. This change in long-standing US policy sparked a wave of litigation, culminating in several federal courts temporarily blocking the order.
In June, the Supreme Court held that federal district courts lack authority to issue broad nationwide or universal injunctions blocking the implementation of the executive order. On December 5, the top court took up the appeal, choosing to address the controversy head-on.
The US Supreme Court will likely hand down a ruling next summer.
Both sides agree that to be granted birthright citizenship under the Constitution, a child must be born inside U.S. borders and the parents must be "subject to the jurisdiction" of the United States. However, in court, each side will give a very different interpretation of what the second requirement means and who falls under "the jurisdiction" of the United States in this context.
What Is Birthright Citizenship?
Anyone born in the United States is considered a citizen at birth, which derives from the Citizenship Clause of the 14th Amendment, which was added to the Constitution in 1868. The amendment states: "All persons born or naturalised in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The Immigration and Nationality Act of 1952 also defines citizens and includes similar language.
There were an estimated 11 million immigrants in the U.S. illegally in January 2022, according to a US Department of Homeland Security estimate, a figure that some analysts now place at 13 million to 14 million. Their US-born children are considered by the government to have US citizenship. Trump has complained about foreign women visiting the United States for the purpose of giving birth and conferring US citizenship on their offspring.
