Under the current Trump administration, debate has intensified over the citizenship process in the U.S. Such discussions were expected as immigration was a core issue of President Trump’s campaign, and whilst some of these changes have already been implemented, others are still at an early stage. The seemingly drastic nature of some of these changes – that is to say the speed and force with which they have been implemented – is however what has come as a surprise. If permanent, these policies would fundamentally alter the path to citizenship for a vast array of individuals. This includes U.S.-born individuals, and those immigrating from other countries.
Birthright Citizenship
The principle of birthright citizenship has shaped the U.S. since its implementation in 1868, through the ratification of the 14th amendment. The amendment states that “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside”, and was a consequence of the US Civil War [1]. Though the provisions’ main goal was to grant citizenship to all of the US’s marginalised black population, it also opened up the door for anyone born in the US, no matter the circumstances, to be granted citizenship. This interpretation of the law was later affirmed by the Supreme Court in 1898, and the amendment has been implemented as such since then [2].
The current interpretation of the 14th amendment has come under scrutiny throughout history, most recently by President Trump. Through an executive order signed on January 20th 2025, The White House argued that the amendment never was meant to be applied universally. In practice that would mean children of individuals not subject to the jurisdiction of the United States (i.e. illegal immigrants or VISA holders), which are born in the US, be exempt from birthright citizenship [2]. The legality of this executive order has been questioned, for example through an appeal signed by over 200 congress members, and being blocked by 4 courts nationwide as of the publishing of this article [11]. However, the intention from the Trump administration is clear: it aims to fundamentally change the interpretation and implementation of the 14th amendment by the courts in the US – a significant constitutional change – potentially reshaping America’s tradition of inclusive citizenship [3].
Tightening restrictions on various citizenships
In addition to redefining birthright citizenship, the Trump administration is also pursuing several measures aimed at modifying the path to American citizenship for foreigners. These include shifting green card applications from family-based to merit-based, and having a longer naturalization process. Such policies are already in the works [4]: A proposed bill aimed at cutting immigration levels by 50% over the next decade would make major cuts to family immigration, and introduce a formal points system based on income & education levels, and dollar investment into the country [5].
An intensified vetting process established in order to get a VISA is another policy aimed at tightening immigration, which was explored already in President Trump’s first term. Starting in 2017, immigrants from muslim countries had to go through “extreme vetting” to get into the United States – measures explained as intended to “keep terrorists out” [6]. In 2025, similar reasoning was used in the executive order signed on the 20th of January, which declared that “all aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible” [7].
Gold Card
Lastly, opposed to already mentioned policies which complicate the road to citizenship for most, the Gold Card VISA proposed by President Trump plans to streamline the process for high net-worth individuals. The “card”, which opened its waiting list in June this year, offers those willing to pay a right to live and work in the US – a clear path to citizenship [8]. Although the proposed VISA has drawn harsh criticism – partly due to its flashiness – selling citizenship is not a new idea per se. It will replace the EB-5 Immigrant Investor VISA, created in 1992, which is based on a similar concept [9]. The key difference however, is that the EB-5 VISA required a minimum $1 million investment into the American economy, or $800,000 investment in economically distressed zones, which would create American jobs. The new Gold Card requires a single cash payment to the state of $5 million.
One unclear aspect of this new VISA initiative is the vetting process. Whilst U.S. Secretary of Commerce Howard Luthnick has stated that there will be a vetting process before anyone is able to buy the VISAs, President Trump has opened up for the possibility of Russian oligarchs buying into the programme [10]. With the administration aiming to sell millions of Gold Cards, vetting standards may need to be relaxed – signaling a shift in investor visa policy from strict due diligence to a revenue-first approach.
Conclusion
All in all, it is clear that the President is trying to redefine the meaning of American citizenship, by changing its requirements on multiple fronts. What is prioritized: state revenue, security and increased exclusivity of the right to be called American.
As of now it is difficult to speculate on the long-term consequences of the policies, particularly as the legality of them in many cases is being challenged. However, assuming that similar prioritizations by President Trump will continue throughout his term, one of the most important consequences will be a reduction of immigration to the United States. Though this seems to be what President Trump wants – and it might lighten the burden of a strained social security system – it may also create challenges for the American economy. The first challenge is a question of talent acquisition: With increased difficulty for foreigners to immigrate there will be less talented students, entrepreneurs and high-skill workers throughout the world who choose to reside in America. The second will be finding the workforce willing to do minimum wage industrial and agricultural jobs which president Trump wants to expand in the US.
Going forward, the legal battles fought by the administration over these regulations will redefine the future of American citizenship. Ratification of Trumpian processes will render American citizenship an evermore luxury good and contribute to the attempt to turn the nationality away from inclusivity and toward exclusivity, away from contribution and toward capital. Whether this model is sustainable – socially, economically or morally – remains to be seen.
Edited by Maxime Pierre.
References
[1] “14th Amendment.” Constitution of the United States. https://constitution.congress.gov/constitution/amendment-14/. Accessed April 8, 2025.
[2] Siskind, Greg. “The Origins of Birthright Citizenship in the United States Explained.” Immigration Impact, October 18, 2024. https://immigrationimpact.com/2024/10/18/origins-birthright-citizenship-united-states-explained/. Accessed April 8, 2025.
[3] “Pelosi Joins House Democrats in Filing Amicus Brief Against Unconstitutional Trump Actions.” House Democratic Caucus. https://pelosi.house.gov/news/press-releases/pelosi-joins-house-democrats-filing-amicus-brief-against-unconstitutional-trump. Accessed April 9, 2025.
[4] “Trump and Kushner’s Merit-Based Immigration Plan Fails to Propose the Smart Reforms Needed to Modernize and Improve U.S. Labor Migration.” Economic Policy Institute. https://www.epi.org/blog/trump-and-kushners-merit-based-immigration-plan-fails-to-propose-the-smart-reforms-needed-to-modernize-and-improve-u-s-labor-migration/. Accessed April 12, 2025.
[5] “President Trump Endorses New Immigration Bill Calling for Merit-Based System.” Berardi Immigration Law. https://berardiimmigrationlaw.com/president-trump-endorses-new-immigration-bill-calling-merit-based-system/. Accessed April 13, 2025.
[6] “Trump’s Muslim and Refugee Ban Executive Action.” The Guardian, January 27, 2017. https://www.theguardian.com/us-news/2017/jan/27/donald-trump-muslim-refugee-ban-executive-action. Accessed April 15, 2025.
[7] “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” The White House, January 2025. https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-united-states-from-foreign-terrorists-and-othernational-security-and-public-safety-threats/. Accessed April 15, 2025.
[8] “Trump Opeans Waitlist for $5M Investor Visa” Boundless. https://www.boundless.com/blog/trump-gold-card-visa-launch/ . Accessed August 20, 2025.
[9] “About the EB-5 Visa Classification.” U.S. Citizenship and Immigration Services. https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/about-the-eb-5-visa-classification. Accessed April 18, 2025.
[10] Kirka, Dan. “U.S. ‘Gold Card’ Aims to Attract Wealthy Immigrants.” CNN, February 25, 2025. https://edition.cnn.com/2025/02/25/politics/us-gold-card-foreigners-trump/index.html. Accessed April 18, 2025.
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