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Donald Trump’s Proposal to End American Citizenship by Birthright Could Bring Significant Changes for Those Who Want to Live or Have Children in the United States.
Donald Trump, the elected president of the United States, campaigned with a strong promise: the intention to end American citizenship by birthright on the very first day of his new term.
If implemented, children of immigrants born on American soil would no longer automatically acquire citizenship in the country. This change would represent a significant turnaround in immigration policy and in the legal understanding of who has the right to be recognized as a citizen.
What Does Trump Propose?
Trump stated that he could implement this change through an executive order, but did not provide concrete details. Currently, birthright citizenship is guaranteed by the U.S. Constitution, specifically the 14th Amendment.
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This means that any attempt to remove it would face immediate legal challenges.
During an interview with Axios in 2018, Trump mentioned that he intended to sign an executive order to eliminate this right. At the time, he said: “You can definitely do this with an act of Congress. But now they’re saying that I can do this just with an executive order.“
Despite the statements, he took no action on the issue during his first administration.
Now, the measure is part of a package of promises to toughen immigration policies, including mass deportations of undocumented immigrants and measures to curb illegal border crossings.
What Is American Citizenship by Birthright?
Birthright citizenship is enshrined in the 14th Amendment of the Constitution, enacted in 1868. This amendment establishes that anyone born in the United States is automatically a citizen of the country, regardless of their parents’ immigration status.
The text of the amendment states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”
This guarantee was created to protect fundamental rights and prevent temporary political decisions from interfering with citizenship issues.
Can Trump Alter This with an Executive Order?
Experts agree that no. No executive order has the power to annul the Constitution. Aaron Reichlin-Melnick, a senior member of the American Immigration Council, pointed out that an attempt to use an executive order to restrict birthright citizenship would be immediately contested in court.
“Virtually no respected lawyers or academics agree with President-elect Trump, and there are no precedents that support the theory“, said Reichlin-Melnick.
Even if Trump tried to instruct government agencies to deny identification documents based on the citizenship of the parents, such a measure would be deemed unconstitutional and likely struck down by the courts.
Adam Winkler, a law professor at the University of California (UCLA), reinforces this view: “Birthright citizenship is a constitutionally guaranteed right. The reason it is in the Constitution is to take it out of the hands of politicians.“
Changing an Amendment? Very Difficult
To eliminate birthright citizenship, Trump would need to propose a new constitutional amendment. This process, however, faces very difficult obstacles.
A constitutional amendment requires the support of two-thirds of the members of the House of Representatives and the Senate, as well as ratification by three-quarters of state legislatures. Given the political polarization in the United States, achieving that level of consensus would be extremely difficult.
The Future of Immigration Policies
Although it is very unlikely that Trump will be able to end American citizenship by birthright, he can toughen immigration policies through executive orders.
This would include making it more difficult for immigrants to enter and implementing new rules that affect immigrant families’ lives.
Still, American citizenship by birthright, for all indications, is not going to be altered in the second term of President Donald Trump.
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