What Trump’s Order on Birthright Citizenship Means for Nigerians
News - January 22, 2025

What Trump’s Order on Birthright Citizenship Means for Nigerians

When former U.S. President Donald Trump signed an executive order targeting birthright citizenship, there has a been lot of speculation on what it means around the globe. 

For many Nigerians, the policy raised questions about its implications, especially for families with plans to give birth in the United States. This article breaks down the issue in simple terms to help Nigerians understand what’s happening.

What Is birthright citizenship?

Birthright citizenship refers to the automatic granting of citizenship to anyone born within a country, regardless of their parents’ immigration status. In the United States, this right has been protected under the 14th Amendment of the Constitution since 1868. It ensures that all children born on U.S. soil are American citizens.

For years, this policy attracted people worldwide, including Nigerians, who saw giving birth in the U.S. as a pathway to securing American citizenship for their children. However, Trump’s executive order has changed the rules for who qualifies for this automatic right.

What does Trump’s order say?

The executive order, titled “Protecting the Meaning and Value of American Citizenship,” was designed to end the practice of granting citizenship to children born in the U.S. to non-citizens or individuals without legal status. Here’s what the order entails:

  1. No Citizenship for Babies of Undocumented Parents: If a child is born to parents in the U.S. who lack legal status or are on temporary visas, the child will no longer qualify for American citizenship.
  2. Parents’ Legal Status Matters: At least one parent must be a U.S. citizen or a legal permanent resident (green card holder) for their child to be eligible for citizenship.
  3. Immediate Enforcement: The order was set to take effect within 30 days of signing, leaving little time for adjustments.

How does this affect Nigerians?

Many Nigerians travel to the U.S. specifically to give birth, a trend often called “birth tourism.” These parents hope to secure better opportunities for their children, such as access to quality education and employment in the U.S.

With Trump’s order:

  • Nigerian parents without permanent residency or citizenship in the U.S. will no longer have the guarantee of American citizenship for their newborns.
  • Families planning to travel to the U.S. for childbirth may need to reconsider their plans or seek legal advice.
  • Babies born to Nigerians in the U.S. under these conditions might face complications in obtaining legal documentation, such as passports or social security numbers.

The policy has already faced strong opposition. Advocacy groups, including the American Civil Liberties Union (ACLU) and the NAACP Legal Defense Fund, filed lawsuits against the executive order. 

These groups argue that the policy violates the Constitution and could lead to discrimination against immigrant families.

Critics also worry about the potential ripple effects, as children born under these circumstances may grow up stateless or without full rights in any country.

What Nigerians should do

If you’re a Nigerian planning to give birth in the U.S., consider these steps:

  1. Understand the Rules: Ensure you know the current legal requirements for citizenship eligibility.
  2. Seek Legal Advice: Consult an immigration lawyer to explore options for your child’s status.
  3. Plan Ahead: If you or your spouse hold U.S. citizenship or permanent residency, make sure to have the necessary documentation to prove it.

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