Donald Trump US Birthright Citizenship: Former US President Donald Trump has announced plans to end birthright citizenship as part of his proposed immigration policies should he return to office. This article delves into the concept of birthright citizenship and the legal complexities surrounding Trump’s authority to restrict it.
What Is Birthright Citizenship?
Birthright citizenship grants US citizenship to anyone born on US soil. This principle is derived from the Citizenship Clause of the 14th Amendment, added to the Constitution in 1868. The amendment 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 provision was further reinforced by the Immigration and Nationality Act of 1952, which defines citizens using similar language.
Children of Undocumented Immigrants
Currently, children born in the United States to undocumented immigrants are granted US citizenship. As of January 2022, the US Department of Homeland Security estimated there were 11 million undocumented immigrants in the country, with recent analyses suggesting this number has increased to 13–14 million.
Trump has frequently criticized the practice of “birth tourism”, where foreign women travel to the US to give birth and secure citizenship for their children.
Are There Exceptions to Birthright Citizenship?
Yes, there are exceptions. For instance, individuals born in the United States to foreign diplomats with diplomatic immunity are not granted US citizenship. This is because they are not considered “subject to the jurisdiction” of the United States.
What Has the Supreme Court Said About Birthright Citizenship?
The Supreme Court has not explicitly ruled on whether the Citizenship Clause applies to the US-born children of undocumented immigrants. However, historical rulings provide some context:
- United States v. Wong Kim Ark (1898): The court affirmed that the son of lawful Chinese immigrants was a US citizen by birth, despite restrictive immigration laws at the time.
- Elk v. Wilkins (1884): The court ruled that Native American John Elk, born as a member of a Native American tribe, was not a citizen due to lack of jurisdiction. This changed in 1924 when Congress granted citizenship to Native Americans.
Opponents of Birthright Citizenship
Critics of birthright citizenship argue that the “subject to the jurisdiction” clause in the 14th Amendment excludes children of individuals who entered the country illegally.
Prominent Republican lawmakers, including Lindsey Graham and Tom Cotton, have proposed legislation to restrict citizenship. Their proposed bills suggest that children born to undocumented immigrants are not “subject to the jurisdiction” of the United States.
Most legal scholars, however, reject this interpretation, noting that undocumented immigrants, unlike diplomats, are subject to US laws and jurisdiction.
Can Trump End Birthright Citizenship Through an Executive Order?
The Constitution grants Congress the authority to regulate citizenship, making it unlikely that any president could alter citizenship rules through an executive order.
What an Executive Order Could Look Like
Trump might issue an executive order redefining birthright citizenship to require at least one parent to be a US citizen, permanent resident, or military member. This could affect the issuance of documents like passports and create immediate legal challenges.
Legal Challenges and Constitutional Barriers
Experts believe such an executive order would face immediate legal challenges and likely be blocked by the courts. The Supreme Court would then need to decide on the issue, potentially reaffirming the protection of birthright citizenship under the Constitution.
Amending the Constitution
If courts uphold birthright citizenship, Trump’s only recourse would be a constitutional amendment. This would require approval by:
- Two-thirds of both houses of Congress.
- Three-fourths of state legislatures.
Given the complexity, this process would likely take years and face significant political opposition.
Conclusion
Birthright citizenship remains a deeply entrenched principle in US law, protected by the 14th Amendment. While Trump’s proposals could ignite legal debates and draw attention to immigration policies, ending birthright citizenship would require overcoming substantial legal and constitutional hurdles.