Born of European colonialism, unpopular in the U.S and increasing abolished by other countries around the globe, so-called “birthright citizenship” will take center stage at the U.S. Supreme Court Wednesday, when arguments begin regarding an executive order banning the policy.
Birthright citizenship grants immediate citizenship to a child born in the U.S., regardless of whether or not that child’s parents are illegal aliens – a practice banned by President Donald Trump in an executive order on his first day returning to the White House.
As NPR explains, the policy of granting birthright citizenship was created by European colonists as a way of becoming the majority over natives in countries they controlled:
“It has roots in colonialism, particularly in South America and Africa, when Western European countries needed more people for labor and to outnumber native populations in those places.
“Many African countries abandoned the practice after gaining independence.”
Other countries have followed suit in recent decades by abolishing birthright citizenship, including:
- Ireland
- The United Kingdom
- Australia
- New Zealand
- India
- Pakistan
Today, the U.S. is one of only 36 countries that still grant birthright citizenship to the children of illegal aliens.
NPR also notes the unpopularity of granting birthright citizenship to children born in the U.S. to illegal aliens (“undocumented immigrants”), as measured by a 2025 YouGov survey of U.S. adults.
Less than a third (31%) said that the children of those who are in the country illegally should be given birthright citizenship. Only children of foreign diplomats (30%) and tourists (25%) in the U.S. scored lower.
Even among Democrat citizens, barely half (53%) said children of illegal aliens should be deemed citizens, simply because they are born on U.S. soil. In contrast, just 29% of Independents and 13% of Republicans said they support this type of birthright citizenship.
Trump’s executive order being challenged in the Supreme Court case Trump v. Barbara bans birthright citizenship for persons born in the U.S., if the child’s father is not legally in the country and either:
- The mother was unlawfully present in the U.S. when the child was born, or
- The mother was lawfully – but temporarily – present in the U.S. when the child was born, as is the case with student, work, and tourist visas.
