Trump has pledged to eliminate birthright citizenship, but the question remains: is he legally able to do so?

Trump’s Executive Order on Birthright Citizenship Faces Legal Hurdles

In one of his first acts as the 47th president of the United States, Donald Trump signed an executive order aiming to end birthright citizenship for children born to undocumented immigrants or those on temporary visas. However, legal challenges have already blocked the order, setting the stage for a prolonged legal battle that may ultimately be decided by the U.S. Supreme Court.

Key Points:

1. What Is Birthright Citizenship?

   • Established by the 14th Amendment of the U.S. Constitution in 1868, birthright citizenship grants U.S. nationality to anyone born on U.S. soil.
   • The policy has been in place for over a century, with the Supreme Court affirming it in U.S. v. Wong Kim Ark (1898), ruling that children born to immigrants—regardless of status—are U.S. citizens.

2. Trump’s Challenge and Legal Obstacles

   • Trump argues that the 14th Amendment’s phrase “subject to the jurisdiction thereof” excludes children of non-citizens in the U.S. illegally.
   • Legal scholars widely agree that the president cannot change constitutional law through an executive order.
   • Lower courts have blocked Trump’s order, with one judge calling it “blatantly unconstitutional.” The Supreme Court will now consider the case.

3. Potential Impact

   • If birthright citizenship were revoked, an estimated 1.2 million U.S. citizens born to undocumented parents could be affected.
   • The Migration Policy Institute estimates that by 2050, the number of unauthorized immigrants could increase to 4.7 million due to generational effects.
   • Trump has stated that children of undocumented immigrants should be deported along with their parents.

4. Global Context

   • Over 30 countries, including Canada, offer unrestricted birthright citizenship.
   • Others, such as the UK and Australia, grant citizenship only if at least one parent is a citizen or permanent resident.

Trump’s executive order faces significant legal challenges, with constitutional protections and past Supreme Court precedents standing in the way of its enforcement. While the conservative-majority Supreme Court will ultimately rule on the matter, birthright citizenship remains intact for now. If overturned, the policy shift could have long-term consequences for immigration and citizenship in the U.S.

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