President-elect Donald Trump has reignited a contentious debate by reiterating his intention to end birthright citizenship in the United States. During an interview with NBC’s Kristen Welker on Meet the Press, Trump confirmed his plans to eliminate the policy on his first day in office, a stance he has maintained since his first presidential term. However, such a move would require overturning over 150 years of constitutional precedent.
What Is Birthright Citizenship?
Birthright citizenship, enshrined in the 14th Amendment of the US Constitution, grants citizenship to anyone born on American soil, regardless of their parents’ immigration status. Ratified in 1868, the amendment’s first section explicitly states:
“All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
This principle has long been a cornerstone of American citizenship law, ensuring that birth within the US automatically confers citizenship, even for children of undocumented immigrants or short-term visa holders.
Trump’s Stance on Birthright Citizenship
When asked by Welker if he intended to end birthright citizenship, Trump unequivocally responded:
“Yeah, absolutely.”
He further emphasized his willingness to collaborate with Democrats to address the status of Dreamers—undocumented individuals brought to the US as children—but noted his firm stance on family deportations, saying:
“I don’t want to be breaking up families, so the only way you don’t break up the family is you keep them together and you have to send them all back.”
Trump’s remarks indicate that even legal US citizens might face expulsion under his policy, ostensibly to prevent familial separations.
Legal Challenges and Constitutional Hurdles
Amending the 14th Amendment to end birthright citizenship is a monumental challenge. Trump has suggested he might attempt this through executive action, as he first proposed during a 2018 interview with Axios:
“You can definitely do it with an act of Congress … but now they’re saying I can do it just with an executive order.”
However, constitutional experts and politicians from both parties, including former Republican House Speaker Paul Ryan, have dismissed this notion:
“You cannot end birthright citizenship with an executive order,” Ryan said in 2018. “I think in this case the 14th Amendment is pretty clear, and that would involve a very, very lengthy constitutional process.”
To amend the US Constitution, two-thirds of both the House and Senate must approve the change, followed by ratification from three-fourths of state legislatures. With the current political composition of Congress, such a move appears highly unlikely.
Broader Implications
Ending birthright citizenship would have far-reaching consequences. According to the American Immigration Council, eliminating this right would complicate citizenship verification for all Americans. Birth certificates, a fundamental proof of citizenship, would no longer suffice.
A 2011 report by the Council highlighted the potential administrative burdens and costs associated with such a change:
“Our birth certificates are proof of our citizenship. If birthright citizenship were eliminated, US citizens could no longer use their birth certificates as proof of citizenship.”
Additionally, research conducted by the Migration Policy Institute and Pennsylvania State University estimated that ending birthright citizenship for children of undocumented immigrants could increase the unauthorized population by 4.7 million by 2050.
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Birthright Citizenship in Global Context
While Trump claimed the US is unique in granting birthright citizenship, over 30 other countries uphold similar policies, including Canada, Mexico, Argentina, Brazil, and Venezuela.
Other pathways to citizenship include:
- Citizenship by descent: Granted based on parental citizenship, irrespective of birthplace. For example, in Bahrain and Iran, only paternal citizenship matters.
- Naturalization: Achievable through residency and cultural assimilation, as seen in the US and numerous other countries.
- Marriage-based citizenship: Offered after a specified period of marriage to a citizen, such as three years in the US.
- Dual citizenship: Recognized by over 87 nations, allowing individuals to hold citizenship in multiple countries.
- Investment-based citizenship: Provided in countries like Malta and Turkey for substantial economic contributions.
Potential Fallout
Trump’s proposal to end birthright citizenship raises significant constitutional, ethical, and logistical questions. As he prepares to take office, the feasibility of enacting such a transformative policy remains uncertain, with both legal and political obstacles ahead.
