Donald Trump has a bone to pick. He’s going to the courts for an answer.
That’s why the Supreme Court is planning for this nasty showdown with Donald Trump.
Trump’s Push to End Birthright Citizenship: A Bold Move to Reinforce U.S. Immigration Laws
President-elect Donald Trump’s plan to end birthright citizenship for children born to illegal migrant parents on U.S. soil is poised to settle a long-standing constitutional debate that has divided the nation for years. Trump has made it clear that, upon taking office, he intends to immediately address this issue as part of his immigration enforcement agenda. This proposal has sparked debate, with both supporters and opponents looking to the 14th Amendment for guidance — an interpretation likely to be settled by the U.S. Supreme Court.
Christopher Hajec, director of litigation for the Immigration Reform Law Institute (IRLI), argues that the original intent of the 14th Amendment limits birthright citizenship to children born to parents residing legally in the U.S. “Our position is that the 14th Amendment gives citizenship at birth only to those born in the United States to parents who were residing here with the permission of the United States,” Hajec shared with reporters.
Hajec pointed to the Supreme Court case Wong Kim Ark v. United States (1898), which is often cited in discussions of birthright citizenship. However, Hajec emphasized that the ruling did not grant citizenship to children born to illegal immigrants or tourists. “The Court reasoned that only those residing here with permission met the requirement in the 14th Amendment of being ‘subject to the jurisdiction’ of the United States,” he explained. Thus, under this interpretation, children born to illegal immigrants do not automatically gain U.S. citizenship.
The legal foundation of birthright citizenship has been under scrutiny ever since Wong Kim Ark. While the decision was significant, it wasn’t unanimous, with dissenting opinions suggesting that children born to Chinese immigrants, who retained loyalty to their homeland, should not be considered “subject to the jurisdiction” of the U.S. This dissent continues to fuel debates on the issue to this day.
Trump’s commitment to reforming U.S. immigration policy was a cornerstone of his campaign, and his stance on birthright citizenship is in line with his overall vision of tightening immigration laws. Along with calls for a southern border wall, mass deportations, and other measures to combat illegal immigration, Trump has also emphasized his desire to revisit the 14th Amendment’s first sentence, which states, “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.”
“We’re going to have to get it changed. We’ll maybe have to go back to the people,” Trump said in a recent interview on NBC’s Meet the Press. “But we have to end it.” Trump has also indicated that he might pursue executive action to end birthright citizenship, though this approach could face legal challenges.
Critics, including organizations like the American Civil Liberties Union (ACLU), have called the plan “blatantly unconstitutional,” while others, such as the American Immigration Lawyers Association, argue for maintaining the current interpretation of the law. A study by the Migration Policy Institute, although not taking a stance on Trump’s proposal, warned that ending birthright citizenship could lead to the creation of a “self-perpetuating class” of excluded individuals and could further exacerbate illegal immigration.
However, proponents of Trump’s stance argue that the current system, particularly the misinterpretation of the 14th Amendment, has led to the abuse of birthright citizenship. Joey Chester, communications manager for the Federation for American Immigration Reform (FAIR), made the case that “birthright citizenship rewards lawlessness, and ultimately encourages more illegal immigration, by granting U.S. citizenship to the children of illegal aliens and increasing the likelihood that the illegal alien parents will obtain permanent residency.”
President @realDonaldTrump is right to end birthright citizenship by executive order on Day One.
We are one of a handful of countries in the world that allows birthright citizenship. In other words, if you’re born in the United States, you’re automatically an American citizen.… pic.twitter.com/lCTrwZPzuz
— Lindsey Graham (@LindseyGrahamSC) December 8, 2024
Despite media reports claiming that the U.S. is the only country to offer birthright citizenship, the reality is that only a small number of nations follow such a policy. According to the CIA World Factbook, no European Union country grants unconditional citizenship to children born on its soil, and many U.S. allies do not either.
The issue is not limited to children born to illegal immigrants; the practice of “birth tourism” has become an industry, with many foreign nationals coming to the U.S. on tourist visas specifically to give birth, ensuring that their children gain U.S. citizenship. In 2016, around 250,000 children were born to illegal immigrant parents, highlighting the scale of the issue even before the surge of illegal immigration under the Biden administration.
The crisis at the U.S.-Mexico border under the Biden-Harris administration has only intensified the urgency for reform. With millions of migrant encounters recorded during Biden’s tenure, immigration has become a pressing issue for American voters. As such, FAIR is urging Trump and Republicans in Washington to take action on the birthright citizenship issue, even as they prepare for the inevitable legal battles that would follow.
“Congress must pass legislation that interprets the full text of the 14th Amendment and clarifies that children born to illegal aliens in the U.S. will not be granted U.S. citizenship,” Chester stated. “Unfortunately, we know that if President-elect Trump ends birthright citizenship, through executive action or by signing a law passed by Congress, open-borders advocates will immediately sue to strike down the measure.”
The ACLU, which has launched numerous legal challenges to Trump’s previous immigration policies, is expected to oppose any attempt to end birthright citizenship. However, Trump’s supporters argue that the issue will ultimately be decided by the U.S. Supreme Court.
“Ultimately, the Supreme Court will need to decide the issue,” Chester concluded.
As President-elect Trump prepares to take office, the battle over birthright citizenship is far from over. However, his plan to address this issue is seen as an important step toward restoring the integrity of the U.S. immigration system and protecting the rights of legal citizens.
The Conservative Column will bring you any breaking immigration news and reports.
