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U.S: Nigerians to be affected by Supreme Court decision over birthright citizenship - BUSINESSDAY

MAY 16, 2025

The United States (U.S) Supreme Court is currently hearing arguments on President Donald TrumpPresident Donald Trump’s Executive Order concerning birthright citizenship.

Hundreds of Nigerians who have sought citizenship through that means, could be affected.

The Court is expected to deliver its ruling by the end of June, though a quicker decision remains a possibility.

The Executive Order which took effect upon Trump’s resumption in office in January, seeks to deny citizenship to children born on American soil to parents who are in the country unlawfully or on a temporary basis.

A crucial question underpinning this case is whether judges have the authority to issue nationwide injunctions that would effectively prevent Trump’s executive orders from being enacted.

Within hours of assuming office as the 47th President of the United States, Donald Trump signed a series of executive orders, one of which sparked intense debate and legal challenges.

Immigration advocacy groups swiftly took legal action, with a wave of lawsuits in response to the contentious measure.

It guarantees citizenship to “all persons born or naturalised in the United States,” a clause historically interpreted as conferring automatic citizenship upon nearly all children born on American soil.
Over the years, this broad interpretation has seen many foreign nationals, including Nigerians with sufficient means, choosing to give birth in the US to secure American citizenship for their children.

Government agencies will no longer issue passports, citizenship certificates, or related documents to children born in the U.S whose mothers entered or remained in the country illegally or were on temporary visas.
Children whose fathers are neither U.S citizens nor legal permanent residents will also be excluded from automatic citizenship.

Under the new framework, for a child born in the U.S to qualify as an American citizen, at least one parent must be either a citizen or a green card holder, which is permanent legal residency.

The move marks a dramatic shift in longstanding interpretations of the 14th Amendment, with legal experts predicting an extended courtroom battle over its implications.


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