Former President Donald Trump has signaled a renewed effort to terminate birthright citizenship for children born in the United States to parents who are not legal residents. Trump stated that he intends to issue executive orders on his first day in office to implement this policy, which would effectively instruct federal agencies to require at least one parent to be a U.S. citizen or legal permanent resident for their child to qualify for citizenship.

This proposal represents a direct challenge to the 14th Amendment of the U.S. Constitution, which grants citizenship to "all persons born or naturalized in the United States." Legal scholars remain divided on the feasibility of this approach. Proponents of the policy argue that the amendment was never intended to apply to the children of individuals residing in the country illegally. Conversely, many constitutional experts argue that the 14th Amendment’s language is clear and that an executive order cannot override a constitutional guarantee without a formal amendment process or a Supreme Court ruling.

While the policy aims to deter illegal immigration, critics argue that it would create a permanent underclass of stateless children and face immediate, likely successful, legal challenges in federal court. The proposal is a continuation of rhetoric Trump employed during his 2016 and 2020 campaigns, though he did not successfully implement such a change during his previous term. The debate highlights the ongoing tension between executive authority and constitutional interpretation regarding immigration law.