Majority of Americans disapprove of Donald Trump’s birthright citizenship move: Survey

US President Donald Trump’s executive order restricting birthright citizenship is facing legal roadblocks and public opposition, with a new Pew Research Center survey showing that a majority of Americans disapprove of the directive.

Signed on January 20, the day Trump returned to the White House, the order reinterprets the 14th Amendment, stating that children born in the US are citizens only if at least one parent is a US citizen or lawful permanent resident. The move, which marks a departure from a long-standing constitutional interpretation, is currently being challenged in multiple federal courts.

According to the Pew survey, 56% of US adults disapprove of the order, while 43% approve. Disapproval is stronger than approval as 40% strongly oppose it and 23% strongly in favour.

Most Democrats (84%) oppose the order, including 68% who strongly disapprove. In contrast, 72% of Republicans support it, with 42% strongly approving. However, Democratic opposition is more widespread and intense than Republican backing.

Racial and ethnic disparities are also evident. Black (74%) and Hispanic (70%) adults largely disapprove of the order, while a smaller majority of Asian adults (56%) also oppose it. White Americans are more evenly split, with 51% in favour and 49% against.

Age is another factor, as younger Americans are the least likely to approve. Only 36% of adults under 30 support the order, compared to 41% of those aged 30-49. Views are nearly evenly divided among those 50 and older.

Legal hurdles

Last week, a federal appeals court upheld a ruling blocking Trump’s order, setting the stage for a prolonged legal battle. The San Francisco-based 9th US Circuit Court of Appeals rejected the administration’s request to lift a nationwide injunction issued by a federal judge in Seattle.

The panel of three judges, including appointees from both Democratic and Republican presidents, ruled that the government failed to demonstrate an emergency requiring immediate action. Trump’s Justice Department had sought to limit the lower court ruling, which declared the order unconstitutional, but the appellate court left the block in place pending further arguments in June.

Similar challenges are underway through courts in Maryland, Massachusetts, and New Hampshire.

Historical context and legal interpretation

The 14th Amendment, ratified in 1868, was designed to guarantee citizenship to formerly enslaved individuals. Its citizenship clause states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

Legal scholars argue that this clause has long been interpreted to grant automatic citizenship to nearly all individuals born on US soil, regardless of their parents’ immigration status. Some immigration restriction advocates claim the phrase “subject to the jurisdiction thereof” allows for exceptions, but constitutional experts overwhelmingly reject that interpretation.

Geoffrey Hoffman, a professor at the University of Houston Law Center, said that any attempt to restrict birthright citizenship through executive action conflicts with both constitutional law and established denaturalisation statutes, which prevent retroactive citizenship stripping.

Trump previously floated the idea of ending birthright citizenship during his 2015 campaign and again in 2018 as president, but no formal policy was enacted at that time.