Trump’s proposed birthright citizenship ban targets future births, not current citizens, despite online misinformation fueling fears of mass deportations.

The claim: Donald Trump’s proposed end to birthright citizenship would result in mass deportations of children born in the United States.

Why it matters: Birthright citizenship, guaranteed under the 14th Amendment, automatically grants citizenship to nearly all children born on U.S. soil.

What you need to know:

• Trump signed an executive order on January 20, 2025, which stated that children born in the United States must have one parent that is a US citizen in order to be automatically guaranteed citizenship. 
• The executive order has been blocked by several judges and has not gone into effect. 
• Social media users have been spreading disinformation about the ban which has led to anxiety.

The controversy:

• The 14th Amendment to the Constitution 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.”
• Arguments center around the language “subject to the jurisdiction thereof.”
• Opponents of the ban say that the amendment applies to all people born on American soil.
• Proponents of the ban say that people who are in the country illegally are not “subject to the jurisdiction thereof.” This means that the rule does not apply to them or their children, even if they are born here. 
• Despite the Supreme Court’s decision to block universal injunctions, the issue is likely to remain tied up in the courts due to the question of whether an executive order can interpret an amendment to the United States Constitution. 

The facts:

• The ban applies to children born in the United States without one legal US citizen parent 30 days after the order goes into effect. 
• It will not apply to anyone retroactively or strip anyone of their citizenship status.

The bottom line: Even if Trump’s proposal moves forward, millions of current U.S. citizens are not at risk of deportation. The plan would only affect children born after the policy change.