Trump Claims Birthright Citizenship Originally Intended for Children of Slaves, Not Wealthy Immigrants

The US Supreme Court will likely hand down a ruling next summer.

US President Donald Trump has expressed that birthright citizenship was originally intended for children of slaves rather than as a pathway for wealthy immigrants to secure citizenship for their entire families. These comments followed the US Supreme Court's agreement to examine the contentious birthright citizenship issue.

In a conversation with Politico, the Republican leader defended his executive order challenging birthright citizenship and emphasized it would be "devastating" if his administration's case fails in the Supreme Court.

"The case is very interesting because that case was meant for the babies of slaves. Looking at the dates, it was directly connected to the Civil War. It wasn't designed for wealthy individuals from other countries to briefly enter our nation and suddenly have their entire family become United States citizens," Trump stated.

"The case revolves around slaves and their children, which was a legitimate reason for its existence. That was its sole purpose, and people are beginning to comprehend this now that it's been explained. I believe the court understands this as well. Losing this case would be devastating," he continued.

Trump emphasized that America lacks the capacity to accommodate tens of millions who gained citizenship through birthright provisions. "This provision was created for children of slaves, and examining the exact dates of its passage reveals its connection to the Civil War and its conclusion. People are starting to recognize this reality," he said.

In January 2025, President Trump issued an executive order eliminating citizenship recognition for US-born children of undocumented immigrants and temporary visitors. The policy change is not retroactive. This shift from long-standing practice triggered numerous legal challenges, with several federal courts temporarily blocking the order's implementation.

In June, the Supreme Court determined that federal district courts lack authority to issue broad nationwide injunctions preventing the executive order's execution. On December 5, the top court accepted the appeal, choosing to address the controversy directly.

The US Supreme Court is expected to deliver a ruling next summer.

Both sides acknowledge that to receive birthright citizenship under the Constitution, a child must be born within US borders and parents must be "subject to the jurisdiction" of the United States. However, each side presents significantly different interpretations of this second requirement and who qualifies under "the jurisdiction" of the United States in this context.

Birthright citizenship grants automatic citizenship to anyone born on American soil, deriving from the Citizenship Clause of the 14th Amendment, 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 includes similar language in its citizenship definitions.

According to a US Department of Homeland Security estimate, approximately 11 million undocumented immigrants lived in the US as of January 2022, though some analysts now suggest figures between 13-14 million. Their US-born children are considered American citizens under current interpretation. Trump has criticized the practice of foreign women visiting the United States specifically to give birth, thereby conferring US citizenship on their children.