Who gets to be an American? Since the 14th Amendment was passed in 1868, we’ve understood this as anyone born on U.S. soil automatically gets citizenship. But on January 20, 2025, President Donald Trump signed an executive order that challenges this rule. The order states that a child would only be a U.S. citizen if at least one parent is a citizen or a lawful resident. This could impact many children born to immigrants every year. Legal battles are already underway to block this order, as many believe it violates the Constitution.

But what’s so radical about limiting citizenship? The U.S. is one of about 30 countries that embrace jus soli, which means “right of soil.” This principle allows millions of people to automatically become citizens, regardless of their parents’ immigration status. Trump’s order could change that. Under this new rule, citizenship for U.S.-born children hinges on their parent’s legal status.
There are concerns about the implications of this change. Lawsuits argue that it could lead to children being at risk of deportation, losing access to public services, and even becoming stateless.
Birthright citizenship isn’t common everywhere. Canada and Mexico offer it, but many countries in Europe, Asia, and Africa have stringent rules. In Australia, for instance, just being born there isn’t enough. A child can become a citizen only if at least one parent is a citizen or if the child lives there for ten years after birth.
Countries that don’t adopt jus soli typically use jus sanguinis, or “right of blood.” In places like Singapore and China, citizenship is passed down through parents, regardless of where the child is born. The U.S. follows this rule too, allowing citizenship for children born to American parents overseas.
The idea of birthright citizenship has roots in history. Sociologist John Skrenty noted that in many cases, birthright citizenship was a colonial tool, used to increase the population of settlers. The 14th Amendment aimed to clarify citizenship for freed slaves in America.
Have other countries changed their birthright laws? Yes, several have done so in recent years. For example, Pakistan revised its rules in 2024 to require that at least one parent must be a citizen or resident for the child to become a citizen. This change greatly impacts Afghan refugees living in Pakistan.
In the Dominican Republic, a 2013 law stripped citizenship from children born to parents who were not citizens, affecting many people of Haitian descent. Ireland, in 2004, ended its unrestricted birthright policy after voters decided that at least one parent must be a citizen or resident for the child to gain citizenship.
Interestingly, in Ireland, there’s been recent talk about restoring birthright citizenship, particularly after a case involving a child facing deportation. Surveys suggested a majority of the public supported bringing it back, but attempts to change the law have failed so far.
Birthright citizenship is a complex and evolving topic. The ongoing debates remind us that how we define citizenship shapes the lives of many individuals and families.
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