Uncertainty looms for families after Trump ends birthright citizenship

Washington, DC — Iram and her husband sold family heirlooms to fund their trip from Pakistan to the US state of Florida last year. On the other side of the planet, Rosibel’s husband worked two jobs in El Salvador for five years to save enough for their journey to Los Angeles.

Both families had to pay for flights, temporary housing, agency fees and medical bills, often costing tens of thousands of dollars.

“This isn’t just a financial decision. It’s about giving our child a future,” Iram, who hails from southern Pakistan’s Karachi city, told TRT World over the phone, recalling sleepless nights in an unfamiliar country. “We decided to have a baby here because our child has a future in America.”

For Rosibel, the stakes were life and death. She grew up in western El Salvador’s Juayua town, and witnessed acute poverty that shaped her resolve to leave her country.

“I didn’t want my daughter to grow up in fear like I did,” she told TRT World.

Both immigrants — fearing retribution after US President Donald Trump signed an executive order ending the right of birthright citizenship — agreed to share their story on the condition that TRT World uses their pseudonyms.

“It’s ridiculous,” Trump said on his first day in office when he signed a flurry of executive orders. “We are the only country in the world that does this with the birthright, as you know, and it’s just absolutely ridiculous.”

Legal battle and political firestorm

Each year, tens of thousands of people — including some expecting and pregnant women — from countries like El Salvador, the Democratic Republic of Congo, Afghanistan, Syria, Myanmar, Venezuela, India, Pakistan, Mexico and elsewhere arrive in the US to seek the American dream — a popular phrase that entails the belief that everybody, no matter what their background, can succeed in the US through hard work.

Some of these people have children born in the US and are here while their paperwork is being processed as they work temporary jobs or stay on visitor visas. Official numbers are unavailable, largely because the federal government does not track these births.

But ever since Trump signed the order, thousands of immigrants and expecting parents face uncertainty. If the order is implemented, their children will be born stateless.

Birthright citizenship is a principle deeply rooted in American law. The 14th Amendment ensures that anyone born on US soil automatically becomes a citizen. Known as jus soli or the “right of the soil,” this policy is one of the most inclusive in the world, granting citizenship based solely on where someone is born.

Many countries, especially in Europe and both Americas, practice the principle of unrestricted jus soli. Legal experts doubt Trump’s birthright order will last.

“Ending birthright citizenship through an executive order is highly unlikely to hold up,” Saikrishna Prakash, a New York-based immigration lawyer, told TRT World. “The US Constitution is very clear on this, and any changes would need Congress or the Supreme Court to intervene.”

The order, aimed at denying citizenship to children born to undocumented immigrants or those on temporary visas, has triggered legal battles across the country.

Twenty US states and cities, including San Francisco and Washington, DC, have filed lawsuits, arguing the order is “unconstitutional”. A federal court in Massachusetts noted that the directive violates longstanding interpretations of the 14th Amendment.

“This isn’t just about policy,” Emily Hart, a constitutional scholar based in Massachusetts, told TRT World. “It’s about who gets to be part of the American story. Birthright citizenship has been a cornerstone of inclusion for generations.”

‘A flashpoint for broader anxieties’

Critics of of this policy, however, argue that the practice exploits a constitutional loophole. Terms like “birth tourism” and “anchor babies” have been weaponised in political rhetoric, framing children born this way as tools for their parents to gain legal residency.

Yet, the reality for these families is far from straightforward. Children born in the US cannot sponsor their parents for permanent residency until they turn 21, leaving decades of uncertainty for families navigating tough immigration systems.

Iram and Rosibel spoke of the emotional toll — the fear of dealing with a foreign healthcare system, the isolation of being away from loved ones, and the constant anxiety over immigration laws.

“I was terrified I’d go into labour too soon,” Iram admitted. The language barrier and unfamiliar medical procedures only added to her stress.

Rosibel shared a similar predicament. “Every step felt like a risk, but what choice did we have?”

Both women described the weight of knowing their effort and journey might amount to nothing if Trump’s order was upheld. “What happens to my daughter if she’s denied a passport?” Rosibel asked, her voice heavy with worry.

The debate in the US over birthright citizenship goes beyond individual families. At its core, it questions the very fabric of American identity: who belongs, who gets to call themselves American, and what values the country stands for.

“This issue touches on immigration, race and economic inequality,” said Hart, the constitutional scholar. “It’s also a flashpoint for broader anxieties about demographic change and national identity.”

Those who welcome Trump’s order argue that ending birthright citizenship could stop illegal immigration and curb what they call “birth tourism.” Opponents, however, see it as an attack on immigrant communities and a dangerous precedent for rolling back constitutional rights.

Last week’s temporary court ruling blocking Trump’s order has provided a sliver of hope for these families. Legal experts say a protracted battle lies ahead, one that could reach the Supreme Court, further polarising an already divided nation.

“I have been on the bench for over four decades,” Judge John C Coughenour said in his ruling. “I can’t remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order.”

For now, Iram and Rosibel wait anxiously, watching the news.

“We’ve risked everything,” said Rosibel. “All I want as a parent is a better future for our kid.”