US President-elect Donald Trump has declared his intention to terminate birthright citizenship as soon as he assumes office.
Birthright citizenship, enshrined under the 14th Amendment of the US Constitution, automatically grants US citizenship to anyone born within the nation’s borders, including children of non-citizens and undocumented immigrants.
Amending this practice would require altering the Constitution, a monumental legal challenge. Trump suggested using executive action to change the law once in office, which would disrupt 150 years of precedent.
In his first formal TV interview post-election on NBC’s “Meet the Press,” Trump confirmed his commitment to ending this practice, describing it as “ridiculous.” He mentioned exploring executive action, among other methods, to make this change.
Historical Context and Legal Standing
The 14th Amendment, established in 1868, secures citizenship to all persons born or naturalized in the United States. This amendment directly countered the Dred Scott v. Sandford decision, which denied citizenship to African Americans. The American Immigration Council emphasizes that the U.S. Supreme Court has upheld this interpretation for over a century, recognizing birthright citizenship irrespective of parental status.
Potential Impacts of Ending Birthright Citizenship
If Donald Trump successfully ends birthright citizenship, the implications would be significant. Parents would have to prove their children’s citizenship status, complicating what has been straightforward with birth certificates serving as proof of citizenship. The American Immigration Council has voiced concerns about the bureaucratic challenges and potential discrimination this change could foster.
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Though Trump plans to issue an executive order requiring a child to have at least one U.S. citizen or lawful permanent resident parent to receive citizenship automatically, such changes are unlikely without congressional support. The Constitution mandates that any amendment gain a two-thirds majority in the Senate and the House, followed by ratification from three-fourths of the states. Currently, the Republican party does not hold these majorities.
Legal Experts Weigh In
Experts, like Alex Nowrasteh from the Cato Institute, doubt the feasibility of Trump’s plan, noting widespread legal opposition to such a radical interpretation of the 14th Amendment. Moreover, Trump’s previous tenure showed no substantial progress, suggesting potential limitations in turning his statements into law.
As the debate unfolds, it is clear that any attempt to end birthright citizenship will face intense scrutiny and, likely, litigation, testing the boundaries of executive power and constitutional law.
