ARTICLE · 17 JANUARY 2025

Can U.S. Birthright Citizenship Be Changed? A Comprehensive Overview

Garfinkel Immigration Law Firm

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The Trump administration is reportedly working on an executive order that could alter the interpretation of birthright citizenship in the United States, and he said during an interview in early December...

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The Trump administration is reportedly working on an executive order that could alter the interpretation of birthright citizenship in the United States, and he said during an interview in early December he would "end it" beginning on the first day after his return to the White House.

But can he actually change U.S. birthright citizenship, which is constitutional?

There are potential legal pathways Trump could use to change birthright citizenship, but those do not come without anticipated legal challenges.

Explaining birthright citizenship

Individuals may become citizens of the United States in one of three ways: they may acquire citizenship through one or more parent(s) (ancestral citizenship), by being born in the United States (location based citizenship), or through the naturalization process.

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