President-elect Donald Trump has expressed his desire to end birthright citizenship on his first day in office next month. However, he may face challenges in doing so.
Trump has hinted at the possibility of enacting his plan through an executive order, although he has not provided specific details. Birthright citizenship, which grants U.S. citizenship to anyone born on American soil, is established in the Constitution. Any attempt to eliminate it would likely be met with immediate legal action.
In 2018, Trump mentioned his intention to sign an executive order to abolish the constitutional right during his first term. He stated, âYou can definitely do it with an act of Congress. But now theyâre saying I can do it just with an executive order.â However, no action was taken on the issue during his previous administration.
This time, Trump has included the end of birthright citizenship as part of his broader immigration reform agenda, which also includes mass deportations of undocumented immigrants and stricter measures against illegal border crossings.
We have explored the potential challenges that the president-elect may face if he moves forward with his plan:
What is birthright citizenship and how is it defined in the Constitution?
Birthright citizenship is guaranteed by the 14th Amendment to the Constitution, which was passed in 1868. This amendment stipulates that anyone born in the United States automatically acquires U.S. citizenship, regardless of their parents’ immigration status.
The wording of the 14th Amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Can Trump terminate birthright citizenship through an executive order?
It is unlikely.
Legal experts argue that no executive order can override the 14th Amendment, as the president does not possess the authority to alter the Constitution.
Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, believes that if Trump were to issue an executive order instructing the Social Security Administration to deny identification documents to individuals unable to prove that both their parents were U.S. citizens, it would likely be contested in court and ultimately invalidated.
âThere is virtually no support among reputable lawyers or academics for President-elect Trump’s position, and there is no precedent to back up this theory,â Reichlin-Melnick stated.
While Trump could restrict immigration through executive orders, making it more difficult for individuals to enter the country and give birth, birthright citizenship remains a constitutionally protected right, according to Adam Winkler, a law professor at UCLA.
âThe inclusion of birthright citizenship in the Constitution was intended to remove it from the influence of politicians,â Winkler noted.
How can an amendment be modified?
Trump could seek to eliminate birthright citizenship by proposing a new constitutional amendment. However, this would be exceedingly challenging due to the substantial support required for approval. A constitutional amendment necessitates a two-thirds majority in both houses of Congress and ratification by three-fourths of state legislatures.
