Donald Trump, the president-elect, has once again stated his intention to abolish birthright citizenship, calling it “ridiculous” and promising to deal with the matter once he assumes office on January 20.
For more than 150 years, the US Constitution’s 14th Amendment has secured birthright citizenship, which guarantees that children born within US boundaries would be accorded citizenship regardless of the immigration status of their parents.
Trump said, “We’re going to have to get it changed,” during an interview. We may need to return to the people. But we must put an end to it. He brought up this topic during his first term, but nothing significant came of it. Trump and his followers contend that “birth tourism,” in which people go to the US only to give birth and obtain citizenship for their offspring, is an abuse of the current system.
The argument against birthright citizenship is that it jeopardises immigration control. “Just crossing the border and having a child should not entitle anyone to citizenship,” said Eric Ruark of NumbersUSA. In order to prevent family separation, Trump has also hinted that his proposal will prioritise keeping families together, which might lead to the deportation of entire families, including those with legal citizenship.
The legal foundation for birthright citizenship is found in the 14th Amendment, which declares that “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.” Any attempt to remove the president’s power to unilaterally alter the Constitution would be faced with significant legal challenges.
Removing birthright citizenship has far-reaching effects. Such a change would make it more difficult for American parents to verify their children’s citizenship, according to a 2011 factsheet published by the American Immigration Council. Under the proposed system, birth certificates—a common form of identification—would no longer be recognised.
The argument has been rekindled by Trump’s rhetoric, but some are doubting its veracity. “I don’t take his statements very seriously,” Cato Institute vice president Alex Nowrasteh stated. He noted that despite stating things like this for over ten years, he accomplished little to further this agenda during his time as president.
The birthright citizenship debate draws attention to a broader conflict over immigration law and constitutional rights in the United States, which could have implications for millions of families.