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Donald Trump's proposal to end American birthright citizenship could bring important changes for those who want to live or have children in the United States.
Donald Trump, president-elect of the United States, campaigned on a strong promise: the intention to end American birthright citizenship on the first day of his new term.
If the measure is implemented, children of immigrants born on American soil would no longer automatically acquire US citizenship. This change would represent a significant shift in immigration policy and the legal understanding of who has the right to be recognized as a citizen.
What does Trump propose?
Trump said he could implement this change through a 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 that with an act of Congress. But now they're saying I can only do it 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 tighten restrictions. policies immigration, including mass deportations of undocumented immigrants and measures to curb illegal border crossings.
What is American birthright citizenship?
Birthright citizenship is enshrined in the 14th Amendment to the Constitution, enacted in 1868. This amendment establishes that anyone born in the United States is automatically a citizen of the country, regardless of the immigration status of their parents.
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 in citizenship issues.
Can Trump change this with an executive order?
Experts agree that no executive order has the power to override the Constitution. Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, noted that an attempt to use an executive order to restrict birthright citizenship would be immediately challenged in court.
"There are virtually no respected lawyers or academics who agree with President-elect Trump, and there is no precedent to support the theory.", said Reichlin-Melnick.
Even if Trump tried to instruct government agencies to deny identification documents based on parents' citizenship, such a move would be deemed unconstitutional and likely overturned by the courts.
Adam Winkler, a law professor at the University of California, Los Angeles (UCLA), echoes 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."
Change the amendment? Very difficult
To eliminate birthright citizenship, Trump would have to propose a new constitutional amendment. That 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, plus ratification by three-quarters of the state legislatures. Given the political polarization in the United States, achieving this level of consensus would be extremely difficult.
The future of immigration policies
While it is unlikely that Trump will be able to end birthright citizenship in the United States, he can tighten immigration policies through executive orders.
This would include making it harder for immigrants to enter and implementing new rules that affect the lives of immigrant families.
Still, American birthright citizenship appears unlikely to change in President Donald Trump's second term.
