Can Trump Revoke US Birthright Citizenship? What You Need to Know

Few rights are more deeply embedded in the American psyche than birthright citizenship – the idea that anyone born on US soil is automatically a citizen – regardless of their parents.

Enshrined in the 14th Amendment since 1868, this principle has defined what it means to be a US citizen for over 150 years.

But now, that right is under fire.

In a controversial move that has sparked fierce legal, political and social debate, Donald Trump has renewed his call to end birthright citizenship.

Framing it as a vital step in curbing illegal immigration and protecting American resources, the President claims he can revoke the right with a stroke of a pen via executive order alone.

His claim has sharply divided opinion. Supporters see it as long overdue. Critics call it unconstitutional and dangerous. Legal experts warn of a potential showdown that could reshape the very foundations of US citizenship.

The controversy isn’t new, but Trump’s willingness to push constitutional boundaries has injected fresh urgency into the debate: can a sitting president unilaterally abolish birthright citizenship?

In the first 100 days of his presidency, Donald Trump has already issued more than 140 executive orders – beating the record set by Franklin D. Roosevelt in 1933, who signed a grand total of 99 during the depths of the Great Depression. 

Among Trump’s orders, immigration directives stand out as the most sweeping. And none are more sweeping – or legally provocative – than his bid to end birthright citizenship. 

But is it legal? What does the US Constitution actually say? What are the limits of presidential power? What happens if Trump follows through?

The Nomad Capitalist team has unpacked the key issues on Trump’s move and why it could shape the United States’ future far beyond today’s headlines.

Is Trump’s Birthright Citizenship Executive Order Legal?

In the US, birthright citizenship is protected under the 14th Amendment, so even if Trump wants to end it, there is a clear legal hierarchy he must follow, with the Constitution sitting firmly at the top. 

While an executive order is a presidential declaration with the force of law and requires no action by Congress, it cannot override the Constitution itself. Simply put, Trump cannot ‘executive order’ his way out of the 14th Amendment. 

Ratified after the Civil War, the 14th Amendment, granted full citizenship to formerly enslaved people born in the US. It set a legal precedent that anyone born in the United States is a US citizen – regardless of their parents’ nationality. The only exception applies to the children of foreign diplomats born in the US.

Therefore, while executive orders may push legal boundaries in other areas, overturning birthright citizenship would likely require a constitutional amendment, which is a much more complex and politically fraught process.

Before we explore the reasons why Trump wants to end birthright citizenship, it’s worth considering what’s at stake? What are the real-world implications of being born a US citizen – the pros and cons of having a US passport?

The Pros and Cons of US Citizenship

US citizenship offers powerful benefits but carries significant obligations. For individuals born in the US, citizenship is automatic under current law, bringing with it a blend of rights, responsibilities and, in some circumstances, unintended burdens.

Pros:

• Protection from Deportation: US citizens cannot be deported, regardless of legal trouble. 
• Voting Rights: Citizens can participate in federal, state and local elections. 
• Eligibility for Federal and Government Services and Benefits: Access to federal jobs, financial aid and public assistance programs. 
• Travel Benefits: US citizens can travel internationally with a US passport and receive support from consulates and embassies abroad.
• Increased Job and Scholarship Opportunities: Some positions and funding sources are exclusive to US citizens. 
• Legal Rights and Protections: Citizens are afforded full constitutional protection under US law. 
• Retirement and Social Security: Citizens are eligible for Social Security and Medicare benefits. 

Cons:

• Potential Loss of Other Citizenship: Some countries don’t allow dual citizenship, meaning obtaining US citizenship could lead to losing citizenship in another country. 
• Worldwide Tax Obligations: US citizens are subject to citizenship-based taxation, even if they have assets or income outside the country. 
• IRS Reporting Requirements: Citizens must report foreign assets and accounts (e.g., via FATCA or FBAR) regardless of residency.

Will Trump End US Birthright Citizenship?

As President Trump continues to show little sign of slowing down on issuing executive orders, one of his most controversial – the end of birthright citizenship – has already hit a legal wall. 

Several states have filled lawsuits to stop the executive order, citing the clear protections of the 14th Amendment, which guarantees citizenship to anyone born on US soil – regardless of their parents’ immigration status.

Echoing those concerns, a federal judge in Seattle issued a temporary restraining order to block its implementation, reportedly labelling the order as ‘blatantly unconstitutional’.

The executive order was part of Trump’s broader push to fulfil campaign promises to, in his own words ‘reverse every one of the radical left policies that created this calamity,’ particularly on immigration, crime and inflation.

In response to the lawsuits, the Trump administration has argued that states lack the legal standing to sue. But the plaintiff states maintain that revoking birthright citizenship would impose severe administrative burdens and jeopardise federal funding tied to citizen population counts based on citizenship status.

At the heart of the legal debate is the interpretation of the 14th Amendment. Trump supporters argue the clause has been misinterpreted for over a century, claiming it was never intended to apply to children born to undocumented immigrants or to those in the US on temporary visas – people they argue are not officially subject to the jurisdiction of the US.

Trump critics, however, argue Trump’s order defies established law, claiming it violates the clear language of the Constitution and goes against 125 years of Supreme Court decisions affirming birthright citizenship.

And they warn Trump’s attempts to rewrite the law won’t just affect citizenship for what he calls ‘the children of illegal aliens.’ It also targets those in the US on tourist, student and temporary visas.

The stakes are high. An estimated 30 million immigrant workers live in the US, including around eight million undocumented individuals. But even those legally in the States – such as H-1B visa holders – could see their children’s citizenship questioned under the proposed order.

But despite the legal pushbacks, the Trump administration remains committed to advancing the order. Whether it ultimately survives in court may determine the future of constitutional citizenship in America.

Sweeping US Immigration Reforms

With the stroke of his pen, Donald Trump has sought to dismantle over a century of legal precedent by ending automatic birthright citizenship and cancelling a nearly 130-year-old citizenship law. 

His executive order is part of a broader push for sweeping immigration reform that would limit US citizenship at birth to children with at least one parent who is either a US citizen or a lawful permanent resident.

The order has already been blocked by a federal judge and multiple states and advocacy groups have filed lawsuits challenging its constitutionality.

Opponents argue the matter is already settled: the Supreme Court has long held that children in the United States are citizens, regardless of their parents’ immigration status. Supporters argue this is a misinterpretation of the 14th Amendment that encourages illegal immigration.

At the moment, Trump opponents’ interpretation remains the law, something that won’t change without one of two extraordinary events:

• A Constitutional Amendment would require approval by two-thirds of Congress and ratification by three-quarters of the US states.
• A Supreme Court reversal, involving the justices reinterpreting the 14th Amendment and setting aside more than a century of legal precedent.

It’s conceivable that the Supreme Court could adopt a fringe constitutional theory and overturn its own precedent, but it remains unlikely. 

US Birthright Citizenship: FAQs 

Does Your Child Really Need the United States?

Donald Trump is back in office and one of his first acts has been an attempt to end US birthright citizenship – a principle enshrined in the US Constitution for over 150 years.

Whether you agree with him or not about illegal immigration and birth tourism, the legal and social implications of such a move are profound. If enacted, it could reshape not only how citizenship is granted but also who feels welcome to live, work or invest in the United States.

Many countries around the world already operate the same model Trump is proposing: a child cannot gain citizenship at birth unless one parent is a citizen or permanent resident. So, Trump isn’t reinventing the wheel here.

But that begs the question – what about the others? The lawful long-term residents like H-1B holders or student visa holders – should someone working there long-term be exempted from US birthright citizenship because of a different residence program category? 

The US’s current policy is largely in line with that of much of the Americas. Canada, for example, has the same policy and some of the same birth tourism issues but has refrained from introducing sweeping reforms at the stroke of a pen. 

And frankly, if you had to choose between the two countries, Canada may be the smarter option. Its citizens enjoy visa-free access to more countries, longer stays in the US and – crucially – no citizenship-based taxation. They can live abroad without being subject to ongoing tax reporting or IRS scrutiny for foreign income, unlike their US counterparts.

Here’s the bottom line – you may not need the United States at all. 

At Nomad Capitalist, we routinely advise successful clients not to give birth in the United States unless there’s a compelling reason. Consider the case of former UK Prime Minister, Boris Johnson, who was born in New York and left at age five.

Decades later, the IRS presented him with a tax bill for selling his London apartment – despite the UK imposing no such tax. Johnson eventually renounced his US citizenship to avoid further complications.

Why create that burden for your children?

For many people, US citizenship now comes with diminishing lifestyle benefits and increasing financial complexity. Those who aren’t fleeing hardship often look elsewhere for greater flexibility.

In fact, many wealthy global citizens are already making different choices. From the Caribbean to South America, countries like Saint Kitts and Nevis, Brazil and Panama offer citizenship by birth or straightforward paths to citizenship through investment or residency.

Meanwhile, countries like Dubai, Singapore, Ireland and Qatar are becoming top choices for global talent. These states offer favourable tax policies, streamlined immigration pathways and modern infrastructure without the overreach of US reporting requirements.

The US remains a high-tax jurisdiction with declining privacy protections and a complex web of compliance rules. As it becomes less competitive for top talent, forward-thinking entrepreneurs are looking elsewhere.

At Nomad Capitalist, we help successful people go to places overseas where they feel comfortable and wanted and, honestly, there are better places to live, visit and seek residence or citizenship.

We call this going where you’re treated best and it looks different for each of the high-net-worth clients we work with. 

Whether you’re planning for your family’s future or looking to take control of your global lifestyle, the solution is simple: Go where you’re treated best. Let us show you how.