Is Birthright Citizenship in Danger? A Look at Trump's Proposal

Los Angeles/Dec 10, 2024
NRIpress.club/Ramesh/A.Gary Singh

President-elect Donald Trump has reignited his long-standing pledge to end birthright citizenship in the United States. In a recent interview on NBC’s Meet the Press, Trump reaffirmed his intention to take executive action on his first day in office to eliminate the constitutional guarantee of citizenship for those born on U.S. soil.

“I’m absolutely planning to end it,” Trump told host Kristen Welker, calling the practice “ridiculous.” He has criticized the policy for years, claiming it incentivizes illegal immigration and so-called “birth tourism.” In a 2023 video, Trump described birthright citizenship as a “magnet” for migrants and vowed to address the issue head-on if elected.

What Is Birthright Citizenship?

Birthright citizenship is the legal principle granting automatic citizenship to individuals born within a country’s borders, regardless of their parents’ citizenship status. In the U.S., this right is enshrined in the Citizenship Clause of the 14th Amendment to the Constitution, which states:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Ratified in 1868 during the Reconstruction era, the amendment aimed to guarantee citizenship for formerly enslaved individuals, overturning the Supreme Court’s infamous Dred Scott decision, which had denied citizenship to enslaved people and their descendants.

Trump’s Arguments Against Birthright Citizenship

Trump has been a vocal critic of birthright citizenship since his 2015 presidential campaign, framing it as a key driver of illegal immigration. He has also linked the practice to family-based migration, often referred to as “chain migration,” which he argues undermines the U.S. immigration system.

The former president has claimed that foreign nationals exploit the policy by traveling to the U.S. to give birth, ensuring their children gain citizenship and a pathway for relatives to enter the country. However, experts note that such cases are not as widespread as Trump suggests.

Can Birthright Citizenship Be Ended?

Legal scholars widely agree that ending birthright citizenship would require significant constitutional changes. Michael LeRoy, a law professor at the University of Illinois, explains that the president does not have the authority to unilaterally amend the Constitution.

An executive action attempting to redefine or eliminate birthright citizenship would likely face immediate legal challenges and almost certainly be struck down in court. To formally end birthright citizenship, a constitutional amendment would be required — a process demanding approval by two-thirds of Congress and ratification by three-fourths of state legislatures.

The difficulty of repealing a constitutional amendment is evident in U.S. history. The only successful repeal occurred in 1933, when the 21st Amendment overturned the 18th Amendment’s prohibition on alcohol.

Birthright Citizenship Around the World

Contrary to Trump’s claim that the U.S. is the only country with birthright citizenship, dozens of nations provide similar guarantees, particularly in the Americas. However, unconditional birthright citizenship is less common in other regions, where additional criteria, such as parental citizenship, may apply.

Broader Implications

Trump’s renewed pledge to end birthright citizenship aligns with his broader agenda of reshaping U.S. immigration policy. Critics argue that such measures would not only face insurmountable legal hurdles but also contradict the inclusive intent of the 14th Amendment.

While Republican Senator Lindsey Graham has expressed interest in drafting a constitutional amendment to end birthright citizenship, such efforts face an uphill battle in Congress and among the states.

As the debate unfolds, the question remains: Can the foundational principles of birthright citizenship withstand modern political challenges? For now, the answer appears firmly rooted in the Constitution.

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