Donald Trump promised to end birthright citizenship once he takes office, aiming to fulfill his campaign pledge to restrict immigration and redefine American citizenship. However, his plan would face significant legal challenges.
Birthright citizenship grants automatic U.S. citizenship to anyone born in the country, regardless of the immigration status of their parents. This policy, rooted in the 14th Amendment of the U.S. Constitution, has been in place for years, even for children born to undocumented immigrants or those with temporary visas.
While some countries don’t follow this practice, Trump and his supporters argue that it has been abused and that stricter requirements should be implemented. Opponents, however, argue that birthright citizenship is a constitutional right and is difficult to overturn.
Trump’s Stance and the Ongoing Debate
In a recent interview on NBC’s “Meet the Press”, Trump reiterated his plan to end birthright citizenship, calling it “ridiculous”. Trump and his allies believe the policy encourages illegal immigration and “birth tourism”, where pregnant women come to the U.S. specifically to have a child who will automatically gain citizenship.
Eric Ruark from NumbersUSA supports this view, advocating that only children with at least one U.S. citizen or legal permanent resident parent should be granted citizenship.
However, critics of the plan argue that ending birthright citizenship would harm the country’s social fabric. Alex Nowrasteh of the Cato Institute argues that birthright citizenship helps integrate immigrants into American society by granting them full citizenship.
The Migration Policy Institute estimates that over 5 million children live in the U.S. without legal status, but many are U.S. citizens themselves. Eliminate birthright citizenship could create lasting disadvantages for these children.
Birthright Citizenship´s Legal and Constitutional Challenges
The 14th Amendment, ratified in 1868, guarantees citizenship to anyone born in the U.S. It states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens”. While this provision has been upheld, some believe that the phrase “subject to the jurisdiction” could exclude children born to undocumented immigrants or temporary visitors.
A key case in 1898, Wong Kim Ark v. U.S., ruled that a child born in the U.S. to Chinese immigrant parents was a U.S. citizen. Some critics argue that this case does not apply to children born to temporary visitors or undocumented immigrants, though this legal question remains debated.
Trump’s Potential Actions
Trump has not clarified how he plans to end birthright citizenship. He suggested amending the 14th Amendment or issuing an executive order. However, legal experts argue that any attempt to end the practice would likely be blocked by the courts, as birthright citizenship is firmly established in the Constitution.
In summary, Trump’s plan to end birthright citizenship will face substantial legal and constitutional hurdles, potentially leading to a lengthy court battle.
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