Can Birthright Citizenship Be Revoked?

The Fourteenth Amendment: The Backbone of Birthright Citizenship

If you were born in the United States, congratulations—you’re automatically a U.S. citizen. That’s because the Fourteenth Amendment clearly 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.”

In other words, your place of birth—not your parents’ immigration status—determines your legal status as a citizen. This concept, called jus soli (“right of the soil”), has been upheld for generations. The U.S. Supreme Court case United States v. Wong Kim Ark (1898) confirmed that even if your parents are immigrants, you’re still a citizen if you were born on U.S. soil.

Yet, despite the rock-solid legal precedent, some politicians—including President Donald Trump—have promised to end birthright citizenship through executive orders. So, does that mean your citizenship is at risk?

Can a President Really Revoke Birthright Citizenship?

In 2018, Trump issued an executive order stating that children born in the U.S. to undocumented immigrant parents should not automatically receive citizenship. Naturally, this triggered massive legal challenges, as most constitutional scholars agreed that such an order would be unconstitutional.

Why? Because executive orders do not have the power to override the Constitution. That’s not how our legal system works. Only a constitutional amendment or a Supreme Court ruling could change birthright citizenship, and historically, the Court has been crystal clear—if you’re born in the United States, you’re a citizen. Period.

The Legal Challenges

Courts have consistently struck down efforts to revoke birthright citizenship, reaffirming that the Fourteenth Amendment remains the supreme law of the land. The American Civil Liberties Union (ACLU) and the American Immigration Council have argued that any attempt to strip citizenship from those born in the U.S. would face near-immediate legal opposition.

More importantly, federal judges have issued preliminary injunctions against executive orders that attempt to redefine the citizenship clause. This means that even if a president tries to sign an executive order to eliminate birthright citizenship, it would likely be blocked before it could take effect.

Could Congress Pass a Law to End Birthright Citizenship?

To answer this right away– Not likely.

Congress would need to pass a law redefining who qualifies for citizenship, but even then, the Fourteenth Amendment would still stand in the way. If such a law were passed, it would immediately face legal challenges, landing in the Supreme Court, which has already ruled on this issue multiple times.

Beyond that, passing a constitutional amendment is an uphill battle—it requires a two-thirds majority vote in both the House and Senate, followed by ratification from three-fourths of the states. That’s a huge political mountain to climb, especially considering that most Americans—according to Pew Research Center—still support birthplace-based citizenship.

What Happens If Birthright Citizenship Is Revoked?

Let’s play devil’s advocate for a second. Suppose the government somehow managed to revoke birthright citizenship—what would that look like?

• Mass legal confusion: Millions of U.S. citizens born to immigrant parents could suddenly find their legal status in question.
• A rise in stateless individuals: Babies born in the U.S. might not automatically qualify for any nationality, leading to serious human rights concerns.
• Endless court battles: Legal challenges would flood the courts as people fought to prove their citizenship.
• Impact on mixed-status families: Parents who are legal residents or on temporary visas could have children without U.S. citizenship, complicating family dynamics.
• A fundamental shift in immigration law: This could create a system where citizenship is based on parental status, rather than birthplace, similar to some European countries.

In reality, undoing birthright citizenship would be a logistical nightmare that could backfire on millions of Americans who were born here and have no other nationality to claim.

Birthright Citizenship and Immigration Policy

It’s impossible to talk about birthright citizenship without addressing the broader immigration policy debate. Some argue that birth tourism—when pregnant women come to the U.S. to give birth and secure automatic citizenship for their children—is a loophole that needs closing. Others believe that eliminating birthright citizenship would only punish children for decisions they didn’t make.

Historically, efforts to strip away citizenship have been rooted in restrictive immigration policies. We saw similar arguments in Dred Scott v. Sandford (1857), where African Americans were denied citizenship rights—a decision that was later overturned by the Fourteenth Amendment.

The Bottom Line: Your Citizenship Is Safe (For Now)

If you’re born in the United States, your citizenship is guaranteed by the Fourteenth Amendment.

Any attempt to revoke birthright citizenship—whether through executive order, congressional action, or lawsuits—faces an uphill legal battle. The Supreme Court has repeatedly reinforced the citizenship clause, making it clear that citizenship isn’t up for debate.

That said, immigration policies are constantly evolving, and the political conversation surrounding who deserves to be an American isn’t going away anytime soon.

Worried About Your Citizenship Status? We Can Help.

If you or a loved one have concerns about your legal status, birthright citizenship, or immigration challenges, you don’t have to navigate this alone. At the Law Office of Lina Baroudi, we fight for immigrants’ rights and help families stay together.

Don’t let uncertainty keep you up at night—contact us today for professional legal advice tailored to your unique situation.