President-elect Donald Trump has announced plans to end birthright citizenship on his first day in office next month. This contentious move, part of a broader pledge to curb immigration, could face significant legal hurdles. Birthright citizenship, which grants U.S. citizenship to anyone born on American soil, is enshrined in the Constitution. Trump, however, suggested he could implement this change through an executive order. This isn’t the first time the President-elect has broached this issue. In 2018, he told Axios he was considering an executive order to end this constitutional right, but never took action during his first term.
Understanding Birthright Citizenship
Birthright citizenship is a right guaranteed by the 14th Amendment to the Constitution. Enacted in 1868, the amendment stipulates that anyone born in the United States is automatically a citizen, regardless of their parents’ immigration status. The 14th Amendment specifically states, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The Legalities of an Executive Order
Can Trump really end birthright citizenship via an executive order? Legal experts say it’s highly unlikely. An executive order cannot overturn the 14th Amendment as the president does not have the authority to alter the Constitution. Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, posits that any such executive order would likely face intense legal scrutiny and be ultimately struck down. Trump could, however, use an executive order to limit immigration, making it more difficult for people to enter the country and have children. But birthright citizenship, as a constitutionally guaranteed right, remains immune to such measures. UCLA law professor Adam Winkler emphasizes that the purpose of including this right in the Constitution was to ensure its protection from political manipulation.
Amending the Constitution
Theoretically, Trump could attempt to end birthright citizenship through a new constitutional amendment. However, this route is fraught with challenges, given the significant support required for such a change. A constitutional amendment mandates two-thirds majority support in both houses of the U.S. Congress, as well as ratification by three-fourths of state legislatures.
In conclusion, President-elect Trump’s plan to end birthright citizenship on his first day in office is likely to face significant legal obstacles. While his authority as President allows him to enact changes to immigration policy, it does not extend to altering the Constitution. The enduring nature of birthright citizenship, enshrined in the Constitution, ensures its resilience against political whims. Any attempt to change this right would require the almost insurmountable task of amending the Constitution, an effort that would necessitate broad and bipartisan support.
