Trump Signs Executive Order Ending Birthright Citizenship

U.S. President Donald Trump signs executive orders during the inaugural parade inside Capital One Arena, in Washington on Jan. 20, 2025. Angela Weiss/AFP

President Donald Trump on Monday, in one of his first official acts as president, signed an executive order ending birthright citizenship.

The executive order clarifies that the federal government does not automatically recognize birthright citizenship for children born to illegal immigrants in the United States.

Earlier, Trump acknowledged in comments that the order could be controversial and that he was expecting an imminent legal challenge.

Birthright citizenship has been enshrined in the U.S. Constitution since the 1898 Supreme Court case United States v. Wong Kim Ark.

Trump said that automatic citizenship was “just ridiculous” and that he believed he was on “good [legal] ground” to change it.

Also on Monday, in one of his first official acts as president, Trump signed an order declaring illegal immigration at the southern border a national emergency.

“That’s a big one,” he bantered with reporters while signing an order declaring the border emergency.

Days after he was elected in November, Trump confirmed he would sign such an emergency declaration. During his campaign, he would often cite illegal immigration as a major problem plaguing the country, adding that he would take other measures to curb the phenomenon.

Trump said he favors legal immigration as he signed orders declaring the national emergency on the U.S.-Mexico border, while also superseding refugee resettlement.

Trump also told reporters that immigrant labor was needed for investment, which he anticipates will accompany his increase in tariffs. “I’m fine with legal immigration. I like it. We need people,” he said.

Trump recaptured the White House, in part, after promising to intensify border security and deport record numbers of immigrants in the United States illegally. Republicans and Trump said that large-scale deportations are necessary after millions of immigrants crossed illegally during former President Joe Biden’s presidency.

In his inaugural address at the U.S. Capitol, Trump said that people “from all over the world” had entered illegally into the United States, and that the U.S. government has “refused to defend American borders” in recent years.

“All illegal entry will be immediately halted ... and we will begin the process of returning criminal illegal aliens” from where they came, he said, adding that he will send troops to the southern border to repel the “disastrous invasion” of the United States.

Trump also said he will issue other orders targeting illegal immigration, including invoking the Alien and Sedition Acts of 1798 and declaring Mexican drug cartels as foreign terrorist organizations. Other actions he will take include ending the practice of “catch-and-release,” allowing illegal immigrants to enter the United States to pursue asylum.

There were roughly 11 million immigrants in the U.S. illegally or with a temporary status at the start of 2022, according to a U.S. government estimate—a figure that some analysts now place at 13 million to 14 million.

‘Turn Back Now’

Also Monday, Trump’s deputy chief of staff for policy warned that illegal immigrants who are aiming to enter the United States should not make the attempt.

“All illegal aliens seeking entry into the United States should turn back now. Anyone entering the United States without authorization faces prosecution and expulsion,” wrote Miller, who has long sought to crack down on illegal immigration, on social media platform X.

On Monday, the Trump administration also confirmed that it ended the CBP One app and canceled all forthcoming appointments for illegal immigrants who had sought to enter the United States via ports of entry.

“Effective January 20, 2025, the functionalities of CBP One™ that previously allowed undocumented aliens to submit advance information and schedule appointments at eight southwest border ports of entry is no longer available, and existing appointments have been cancelled,” the statement said, before directing people to contact the agency’s public affairs office.

It’s likely that Trump’s orders on immigration will be challenged by groups such as the American Civil Liberties Union (ACLU), which has said it will launch lawsuits. After Trump’s comment on sending troops to the border in November, the ACLU signaled in a news release it would move against such a mandate.

“As we ready litigation and create firewalls for freedom across blue states, we must also sound the alarm that what’s on the horizon will change the very nature of American life for tens of millions of Americans,” the ACLU said in a statement at the time.

Reuters and The Associated Press contributed to this report.