Can Trump End US Birthright Citizenship? Legal Battles And Constitutional Debates Explained

Former President Donald Trump has announced plans to end birthright citizenship as part of his renewed focus on immigration, should he return to the White House on January 20, as reported by NDTV.

Here's an in-depth look at what birthright citizenship entails and whether Trump has the legal authority to alter it.

Photo Credit: PTI

What Is Birthright Citizenship?

Birthright citizenship is a principle enshrined in the 14th Amendment of the U.S. Constitution, ratified in 1868. The Citizenship Clause explicitly 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."

This means anyone born on U.S. soil automatically becomes a citizen, regardless of their parents' immigration status. The Immigration and Nationality Act of 1952 reinforces this definition. Currently, children born in the U.S. to undocumented immigrants are considered citizens by the government.

Are There Exceptions?

Yes, there are specific exclusions:

Children born to foreign diplomats with diplomatic immunity do not qualify for U.S. citizenship because they are not considered under U.S. jurisdiction.

What Does the Supreme Court Say?

The Supreme Court has never directly addressed whether birthright citizenship applies to the children of undocumented immigrants. However, precedent exists from the 1898 Wong Kim Ark case, in which the Court ruled that the son of lawful Chinese immigrants was a U.S. citizen because he was born on American soil, as reported by NDTV.

In contrast, an 1884 ruling concerning Native Americans-who were then members of sovereign tribes-stated they were not U.S. citizens as they fell outside U.S. jurisdiction. This changed in 1924 when Congress granted citizenship to all Native Americans.

Opposition to Birthright Citizenship

Critics argue that the "subject to the jurisdiction" clause in the 14th Amendment excludes children of undocumented immigrants. Prominent Republican lawmakers, including Senators Lindsey Graham and Tom Cotton, have introduced bills to redefine birthright citizenship. Their proposals suggest citizenship should only apply if at least one parent is a U.S. citizen, permanent resident, or military member, as reported by NDTV.

However, most legal scholars dismiss this interpretation, noting that undocumented immigrants are subject to U.S. laws, unlike diplomats who have immunity.

Can Trump End Birthright Citizenship by Executive Order?

Legally, this is highly contentious. The U.S. Constitution grants Congress the authority to regulate citizenship, and no president has previously attempted to redefine it through executive orders.

Trump could issue an executive order stipulating that at least one parent must meet specific criteria, such as being a U.S. citizen or permanent resident, to confer citizenship. This could lead to agencies withholding passports or benefits from those who do not meet the new requirements, as per media report.

However, legal experts predict such an order would face immediate challenges in federal courts, likely leading to an injunction. Ultimately, the issue could escalate to the Supreme Court, which may then clarify the extent of birthright citizenship protections.

What Would It Take to Change Birthright Citizenship?

If the courts uphold birthright citizenship as a constitutional right, amending the Constitution would be the only path to change it. This would require a two-thirds majority in both houses of Congress and ratification by three-fourths of state legislatures-a lengthy and politically challenging process. The last constitutional amendment was in 1992, as per media reports.

Conclusion

Birthright citizenship is deeply rooted in U.S. constitutional history, and altering it would face significant legal and procedural hurdles. While Trump's proposal could ignite a legal battle, its success would likely depend on future Supreme Court rulings and, potentially, a constitutional amendment.