Can President Trump End Birthright Citizenship?

President Donald Trump raised concerns about ending birthright citizenship during his presidency, and ever since, efforts have been made to explore whether such a change is legally possible. However, the reality is that it would be extremely challenging, if not outright impossible, for President Trump to implement a policy ending birthright citizenship through executive order or ordinary federal law.

The Legal Basis of Birthright Citizenship

Birthright citizenship in the United States is enshrined in the 14th Amendment of the Constitution. This amendment broadly states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Termed Jus soli (right of the soil), this principle grants citizenship to children born in American territory, subject to some exceptions. While many other countries also practice Jus soli, the U.S. stands out due to its unique constitutional guarantee.

Why a Constitutional Amendment is Necessary

To change the 14th Amendment or any part of the Constitution, a constitutional amendment is required. According to the U.S. Constitution, this can be achieved in two ways:

Both houses of Congress must pass the amendment by a two-thirds majority. Subsequently, it must be ratified by three-fourths of the state legislatures.

Or, upon application by two-thirds of the state legislatures, a constitutional convention must be called to propose the amendment, which then must be ratified by three-fourths of the state legislatures.

This process is deliberately designed to be cumbersome, reflecting the importance of preserving the fundamental rights and principles enshrined in the Constitution. It ensures that any significant changes to the Constitution are thoroughly debated and agreed upon by a wide range of stakeholders.

Global Context: Restricting Birthright Citizenship in Other Countries

While the U.S. has a unique legal framework, some other countries that practice Jus soli have restricted or modified this principle over the years:

Australia: In 1986, Australia modified its citizenship laws using ordinary legislation to restrict birthright citizenship. The new rules apply to children born after 1986 and require at least one parent to be a citizen or permanent resident.

New Zealand: New Zealand made changes in 2006 to its citizenship laws through a parliamentary act, also applying to children born after 2006.

United Kingdom: In 1983, the U.K. altered its laws using ordinary parliamentary procedure, applying to those born after the change.

Special Case: Ireland

Ireland provides an interesting case study, as its Constitution originally guaranteed birthright citizenship. In 2004, however, Ireland passed a constitutional amendment requiring legislative action for non-Irish citizen parents to claim birthright citizenship. This change led to restrictions in 2005, limiting birthright citizenship to children of at least one parent who is either a British citizen or a resident with no time limit in Ireland.

Conclusion

In summary, President Trump cannot simply issue an executive order or pass a federal law to end birthright citizenship in the United States. The 14th Amendment is deeply entrenched in the U.S. Constitution, and any changes require a more extensive legal process, including a constitutional amendment. This underscores the importance of the Constitution and the intricate legal framework that governs citizenship rights in the United States.