U.S. President Donald Trump has reignited national debate on immigration and constitutional rights with a bold claim: that the 14th Amendment’s birthright citizenship clause was originally meant solely for the children of freed slaves, not for children born to foreign tourists or undocumented immigrants.
In a recent public statement, Trump asserted that the historic amendment, ratified in 1868 in the wake of the American Civil War, has been “misinterpreted and abused.” He argued that the original intent was to secure citizenship for formerly enslaved African Americans and their descendants—not to create what critics call “anchor babies” through birth tourism or unlawful immigration.
“Birthright citizenship was never meant for people who come to our country illegally or even legally just to give birth,” Trump said. “It was designed for the children of slaves, not tourists.”
Trump, who made immigration reform a cornerstone of his presidency and 2024 campaign, has long advocated ending automatic citizenship for children born in the U.S. to non-citizen parents. In 2018, he floated the idea of issuing an executive order to eliminate or restrict birthright citizenship, though it never materialized.
The 14th Amendment, specifically its Citizenship Clause, 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.”
Trump’s comments have sparked fierce criticism from civil rights groups, immigration advocates, and constitutional scholars who argue that revising or reinterpreting the 14th Amendment could lead to significant legal and moral challenges.
Immigration remained a central issue heading into the 2024 presidential race, with Trump once again positioning himself as a hardliner. His rhetoric taps into ongoing conservative frustrations over border security, asylum policies, and the perceived exploitation of American legal loopholes.
Trump has long argued that foreign nationals take advantage of the law, bringing their families to procreate in the US, driving up migration numbers.
But some 18 states and rights groups blocked the president’s move by filing court cases.
Trump’s appeal to reinstate his order was denied after three federal judges stopped it from taking effect.
The US president contended that they did not have the power to issue the nationwide injunctions.
However, the US supreme court wrestled over Donald Trump’s attempt to broadly enforce his executive order to restrict birthright citizenship, a move that would affect thousands of babies born each year as the Republican president seeks a major shift in how the U.S. Constitution has long been understood.
Legal scholars and historians widely agree that the amendment was passed to overturn the infamous Dred Scott v. Sandford decision, which denied citizenship to African Americans. However, over the decades, the U.S. Supreme Court has interpreted the clause to apply broadly—granting citizenship to nearly all born on American soil, regardless of parental nationality.
