President-elect Donald Trump has promised to end birthright citizenship once he takes office, fulfilling campaign pledges aimed at tightening immigration policies and redefining American identity. However, any attempts to overturn the policy could face significant legal obstacles.
Under the current system, children born in the United States automatically receive American citizenship, regardless of their parents’ legal status. This policy, established under the 14th Amendment to the U.S. Constitution, has been in place for decades. It applies to children born to parents who are in the country illegally or temporarily, such as those on tourist or student visas. Critics, including Trump and his supporters, argue that birthright citizenship encourages illegal immigration and “birth tourism,” where pregnant women enter the U.S. specifically to give birth and secure citizenship for their child.
During a recent interview on NBC’s Meet the Press, Trump confirmed his intention to end the policy, calling it “ridiculous.” He suggested that crossing the border and having a child should not automatically grant citizenship, citing concerns that the current system encourages illegal immigration. Eric Ruark of NumbersUSA, an organization that advocates for reducing immigration, supports changes that would require at least one parent to be a permanent U.S. resident or citizen for their child to gain citizenship.
However, opponents of ending birthright citizenship warn of serious consequences. Alex Nowrasteh of the Cato Institute, a pro-immigration think tank, argued that the policy fosters better integration of immigrants and their children into American society. “One of our big benefits is that people born here are citizens,” Nowrasteh said, highlighting the positive impact on assimilation and national unity. A 2019 report from the Migration Policy Institute estimated that 5.5 million children under 18 lived with at least one parent in the country illegally, most of whom were U.S. citizens due to birthright citizenship.
The debate centers on the 14th Amendment, ratified in 1868 after the Civil War, which guarantees citizenship to all individuals born in the U.S. Some argue that Trump’s proposed changes could be legally challenged, as birthright citizenship is deeply embedded in U.S. law. A key Supreme Court case in 1898 confirmed that children born to legal immigrants were citizens, and many believe this ruling applies to children born to illegal immigrants as well.
Trump has suggested using an executive order to alter the current policy, a move that would likely result in legal battles. He has indicated that the order would require at least one parent to be a U.S. citizen or lawful permanent resident for their children to obtain citizenship. However, experts like Nowrasteh argue that birthright citizenship cannot be changed by executive action and that any attempt would likely face legal challenges in the courts.
While Trump may push for legislative changes, he would need to overcome significant legal hurdles. Even if Congress were to pass a law ending birthright citizenship, it would almost certainly be contested on constitutional grounds, creating a prolonged legal fight.