Trump’s Plan to End Birthright Citizenship
Donald Trump has long wanted to end birthright citizenship, a rule that gives U.S. citizenship to anyone born in the country, even if their parents are not citizens. He has promised to stop it during his next term as president, but making this change will likely be very difficult.
What Is Birthright Citizenship?
For over 150 years, the U.S. Constitution has been interpreted to mean that all children born in the United States automatically become U.S. citizens, no matter their parents’ immigration status. This comes from the 14th Amendment, which was created after the Civil War to make sure formerly enslaved people were recognized as U.S. citizens. It states:
“All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”
The rule excludes only a few groups, like children of foreign diplomats or enemy soldiers.
In 1898, the Supreme Court confirmed this in a case called United States v. Wong Kim Ark. The court ruled that a child born in the U.S. to Chinese immigrant parents was a U.S. citizen, even though Chinese people weren’t allowed to become naturalized citizens at the time.
Trump’s Proposal
Trump plans to sign an executive order that would require at least one parent to be a U.S. citizen or green card holder for their child to get citizenship. Without this, children would be denied passports, Social Security numbers, and other benefits.
This change would:
- Target children of undocumented immigrants.
- Aim to stop “birth tourism,” where some people come to the U.S. to give birth so their child can have U.S. citizenship.
- Reflect Trump’s focus on limiting immigration and shaping what it means to be “American.”
Will This Work?
Most legal experts say no, because:
- The 14th Amendment: Trump’s executive order would go against this part of the Constitution. To change the 14th Amendment, Congress would need to pass a new law, which is highly unlikely.
- Legal Challenges: Courts would likely block the order, as past cases strongly support birthright citizenship.
Erwin Chemerinsky, a top legal expert, says Trump’s plan cannot succeed because “a president cannot change the Constitution with an executive order.”
Who Would Be Affected?
If Trump’s plan succeeded, it could impact millions:
- Around 5.5 million children in the U.S. live in families where one or both parents are undocumented. Many of these children are U.S. citizens under current law, but they wouldn’t qualify under Trump’s proposed rules.
- Immigrant communities, especially those from Mexico and Central America, would be hit hardest.
Ending birthright citizenship could also hurt the U.S.’s reputation as a country that welcomes immigrants and provides opportunities for all.
Arguments Against Birthright Citizenship
Some people argue the 14th Amendment’s phrase “subject to the jurisdiction thereof” should mean that children of undocumented immigrants aren’t automatically citizens. They believe the rule should only apply to people without any ties to another country. However, this idea doesn’t align with how courts have interpreted the law for over a century.
Even some of Trump’s supporters admit this plan would face serious legal obstacles.
The Bigger Picture
Birthright citizenship has been an important part of the U.S. system for integrating immigrants and their families into society. Ending it would change the country’s identity and could have racial impacts, as many affected would be from immigrant communities of color.
Legal experts predict that courts would block Trump’s order if he tries to enforce it, but the debate raises questions about how America defines citizenship and its commitment to inclusion.