Donald Trump has long opposed granting citizenship to children born in the U.S. to foreign nationals and has pledged to end this policy upon taking office.
During his 2024 presidential campaign, Trump announced plans to deport large numbers of migrants and terminate the policy of granting citizenship to children born in the U.S. to foreign nationals. This policy is rooted in the 14th Amendment to the U.S. Constitution.
"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," states the 14th Amendment, which was ratified by Congress in 1868. This provision was initially designed to ensure that the children of enslaved people brought to the U.S. against their will would be recognized as U.S. citizens.
Observers argue that the language of the 14th Amendment is unequivocal, affirming that anyone born on U.S. soil automatically becomes a citizen. This right, known as jus soli or "right of the soil," has since been applied to all children born in the U.S., regardless of whether their parents are undocumented immigrants, tourists, or international students. Approximately 27 other countries have similar policies granting citizenship to those born on their territory, irrespective of parental origins.
However, Trump has consistently dismissed this as a "ridiculous policy," claiming it encourages illegal immigration by people crossing the border to have children in the U.S. In a recent interview on NBC’s Meet the Press, Trump reiterated his commitment to ending birthright citizenship.
He and his allies argue that jus soli incentivizes illegal migration and "birth tourism," where individuals travel to the U.S. specifically to give birth and secure citizenship for their children. They emphasize that the policy is being abused and advocate for stricter criteria for obtaining U.S. citizenship.
"Citizenship should not be granted to people who come to the U.S. just to have children," said Eric Ruark, research director at NumbersUSA, an organization that supports stricter immigration controls.
The organization advocates changes to the citizenship policy for children born in the U.S., proposing that at least one parent should be a legal permanent resident or a U.S. citizen.
In a 2023 campaign website post, Trump echoed this idea, promising to sign an executive order on his first day in office requiring federal agencies to end automatic citizenship for those born in the U.S. He argued this change would prevent children of undocumented immigrants from automatically acquiring U.S. citizenship and benefiting from social services.
CNN journalist Priscilla Alvarez speculates that a new Trump administration could stop issuing passports to children of undocumented immigrants, sparking legal challenges. Trump's team may also expedite deportations of undocumented immigrants without court proceedings, though such actions could face constitutional hurdles under the 14th Amendment, which ensures equal protection under the law.
Both Trump and his proposed "border czar," Tom Homan, have stated they would not hesitate to deport the parents of U.S. citizen children, even if it means separating families.
"If you come to this country and have a child, you are responsible for that," Homan said, adding that enforcement would target undocumented individuals in sanctuary cities like Chicago.
During his first term, Trump sought to restrict visas for pregnant women intending to give birth in the U.S.
The Migration Policy Institute estimates that in 2019, approximately 5.5 million U.S. children under 18 had at least one parent who was an undocumented immigrant, making up 7% of the nation's children. Most of these children gained U.S. citizenship under jus soli.
One of the primary advocates for ending jus soli for children of undocumented immigrants is attorney John Eastman, who argues that the U.S. has misunderstood the 14th Amendment for over 150 years. Eastman contends that the phrase "subject to the jurisdiction thereof" in the amendment excludes those not lawfully residing in the U.S. He suggests Congress could pass a law clarifying that children of undocumented individuals are not entitled to citizenship.
However, this interpretation is considered extreme and has been dismissed by many legal experts and judges.
James Ho, a federal appeals judge appointed by Trump, offered a different perspective on jus soli during a November interview with Reason. He argued that birthright citizenship does not apply in cases of war or invasion, asserting that "no one I know believes that children of foreign invaders would qualify as U.S. citizens."
In a previous commentary on Texas deploying buoys along the Rio Grande to prevent illegal crossings, Judge Ho described it as an effort to repel a "migrant invasion." Nonetheless, many experts believe Trump’s proposal to end jus soli faces significant obstacles. Alex Nowrasteh, vice president of economic and social policy research at the Cato Institute, argues that the U.S. Constitution explicitly protects birthright citizenship and cannot be overridden by an executive order.
"I don't care about his rhetoric. Trump has been saying these things for nearly a decade but did nothing to advance them during his first term. The law and judiciary firmly oppose his claim that children born to undocumented immigrants in the U.S. are not citizens," Nowrasteh said.
Some observers suggest Trump could direct the Republican-controlled Congress to pass legislation ending birthright citizenship. However, such a move would face legal challenges at the Supreme Court for being unconstitutional.
Changing jus soli would require amending the Constitution, a near-impossible task in today’s deeply divided political landscape, according to CNN analyst Zachary Wolf. He notes that no constitutional amendment has been ratified in over 30 years.
Proposed constitutional amendments must gain two-thirds approval in both houses of Congress or two-thirds support from state legislatures in a constitutional convention. They then require ratification by three-fourths of state legislatures or special state conventions.
"Virtually no credible lawyer or scholar agrees with President-elect Trump on ending birthright citizenship, and there is no precedent to support his position," said Aaron Reichlin-Melnick, senior policy analyst at the American Immigration Council.
(Sources: AP, CNN, Politico)
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