Donald Trump has once again expressed his disapproval of birthright citizenship, labeling it as “ridiculous” and pledging to abolish it if he secures re-election. This constitutional right, established in the 14th Amendment for more than a century and a half, confers citizenship to individuals born on U.S. territory, irrespective of their parents’ immigration status. Trump contends that this policy is being misused and has committed to addressing it upon taking office on January 20. The 14th Amendment articulates 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 initiative aimed at repealing birthright citizenship would encounter substantial legal challenges, as this provision is firmly embedded in American law. Efforts to amend the Constitution or circumvent it through executive measures would likely contravene the Amendment.
Critics, including Trump, assert that the policy fosters “birth tourism,” where expectant mothers travel to the U.S. to give birth, thereby securing citizenship for their offspring before returning to their native countries. Although Trump raised this concern during his initial term, he did not implement any significant reforms. In a recent interview, he remarked, “We’re going to have to get it changed. We’ll maybe have to go back to the people. But we have to end it.” Additionally, Trump has connected his position on birthright citizenship to wider immigration matters, stating, “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.” This statement suggests that legal citizens might be deported alongside undocumented relatives to prevent family separations. Despite his assertions, Trump, as president, lacks the authority to unilaterally amend the Constitution, rendering his commitment to abolish birthright citizenship a legally intricate and contentious issue.
