Former President Donald Trump made a bold declaration on
Tuesday, vowing to challenge a
longstanding interpretation of the U.S.
Constitution in an effort to end birthright citizenship for children of
unauthorized immigrants if he manages to defeat President Biden in the 2024
election. Trump outlined his plan to issue an executive order on his first day
back in the White House in January 2025, instructing the federal government to
deny citizenship to children whose parents are not American citizens or legal
permanent residents.
For decades, the interpretation of the Constitution has
granted automatic American citizenship to children born on U.S. soil, even if
their parents are not citizens or legally present in the country. Critics of
this policy, including immigration hardliners, argue that it incentivizes
illegal immigration. While Trump discussed challenging this interpretation
during his time in office, he never took concrete action.
During his announcement, Trump framed this move as part of a
larger crackdown on unauthorized immigrants and asylum-seekers, which he
promises to implement if he returns to the White House. He reiterated his
commitment to carrying out the largest immigration roundup and deportation
operation in U.S. history.
In a video message, Trump stated, “My policy will choke
off a major incentive for continued illegal immigration, deter more migrants
from coming, and encourage many of the aliens Joe Biden has unlawfully let into
our country to go back to their home countries. They must go back.”
However, if Trump succeeds in winning the 2024 presidential
election and follows through on his promise, it is almost certain that his
attempt to end birthright citizenship for children of unauthorized immigrants
will face significant legal challenges.
The 14th Amendment of the Constitution, ratified after the
Civil War, asserts that all “persons born or naturalized in the United
States” are considered “citizens of the United States and of the
State wherein they reside.”
Stephen Yale-Loehr, an immigration law professor at Cornell
University, noted that any executive action taken by a president to end
birthright citizenship would undoubtedly be challenged in court and most likely
deemed unconstitutional.
Although such a move may not pass legal scrutiny, Yale-Loehr
emphasized that it could serve as a strategic campaign tactic for Trump,
particularly during the Republican primary. He explained, “I think it’s
pretty clear that, for political purposes, he thinks that this kind of
announcement will appeal to his base. It shows that he has anti-immigration
credentials. And most of his voters don’t know or don’t care about whether such
an executive order would be legal.”
Meanwhile, Florida Governor Ron DeSantis, considered Trump’s
closest competitor in the 2024 Republican presidential race, has also made
immigration a central issue in his campaign. DeSantis successfully pushed for a
stringent state immigration law in Florida, which is expected to be one of the
strictest in American history. The law includes provisions such as invalidating
driver’s licenses issued by other states to unauthorized immigrants, requiring
hospitals to document patients’ legal immigration status, funding efforts to
relocate migrants to “sanctuary jurisdictions,” and imposing
penalties on employers who fail to verify workers’ immigration status.
In addition to criticizing the Biden administration’s
handling of the influx of migrants crossing the southern border in recent
years, Trump and DeSantis have engaged in a dispute over who possesses the
toughest immigration platform. DeSantis accused Trump of endorsing
“amnesty” by supporting a bipartisan proposal that would have traded
funds for border security in exchange for the legalization of certain
unauthorized immigrants, including those brought to the U.S. as children.
