The Trump Administration Is Threatening To Overturn The 14th Amendment By Ending Birthright Citizenship
While Donald Trump has made immigration one of the central policies of his presidency, on Wednesday he took it one further. The president told reporters he was “very seriously” considering issuing an executive order to make changes to birthright citizenship, which some argue is protected as a constitutional right.
“We’re looking at that very seriously, birthright citizenship, where you have a baby on our land, you walk over the border, have a baby–congratulations, the baby is now a U.S. citizen,” Trump said on Wednesday outside the White House. “It’s frankly ridiculous.”
While the President did not elaborate on what he meant by the statement, many are questioning if this is even possible. Several lawmakers and political pundits have already cast doubt on his ability to take such action calling the statement “ridiculous.” Presidential hopeful Kamala Harris lauded Trump’s comments on Twitter saying the President “should ‘seriously’ consider reading the Constitution.”
This isn’t the first time that the president has discussed the topic of ending birthright citizenship.
The president originally brought up the subject of ending the rule that grants automatic citizenship to those born in the United States back during his 2016 presidential campaign. He argued that many migrants make the trip to the southern U.S. border with intentions to have a child shortly after to give them legal status. He brought up the issue again last year when he said he would sign an executive order to end the policy.
In an interview with Axios last year, President Trump brought up the issue of birthright citizenship. He said the amendment had become a magnet for illegal immigration in the U.S. and has only encouraged more people to come here.
“We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States for 85 years with all of those benefits,” President Trump told Axios at the time. “It’s ridiculous. It’s ridiculous. And it has to end.”
At the time, Trump claimed the U.S. is “the only country in the world” that allows birthright citizenship. That is a lie. Birthright citizenship is a recognized form of citizenship in 32 other nations, including Canada, Mexico, Brazil, Argentina, and Venezuela.
So what legal standing or power does President Trump have to change birthright citizenship?
The right to citizenship for anyone born in the U.S. has been guaranteed in the 14th Amendment of the Constitution for more than 150 years. It 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.”
So what power does President Trump have, if any, of ending the amendment? Not much.
The president cannot amend the Constitution or sign an executive order trying to end or restrict the right to citizenship of an individual born in the U.S. If he did there would almost certainly be a bevy of challenges in court as a violation of the 14th Amendment. In order for birthright citizenship to be revoked in the U.S., the president would need Congress to support the change and vote to ratify the amendment, which are both unlikely to happen.
While the number of female immigrants that come to the U.S every year to give birth in unclear, The Center for Immigration Studies, an organization that advocates for immigration laws, estimated that in 2012 about 36,000 foreign-born women gave birth in the U.S., then promptly left.
President Trump has made cracking down on immigration a major focus point for his re-election campaign.
President Trump’s statement coincidentally came on the same day that his administration announced a proposal to detain migrant families indefinitely. This replaced the decades-old Flores Settlement Agreement that required children to be held no longer than 20 days under government detainment.
Last April, the Trump administration unveiled the controversial “zero tolerance” policy that led to the separation of thousands of migrant families. That would be later reversed after much blowback from both sides of the political aisle. Just last week, an announcement was made that a range of programs would disqualify immigrants from legal status if they are deemed to be a burden to the U.S. and make it harder to obtain a green card.
So, we will have to wait and see if Trump is willing to knowingly violate the Constitution in an attempt at reelection.