WASHINGTON, D.C. — In an interview aired Sunday on NBC’s Meet the Press, President-elect Donald Trump reiterated his intention to end birthright citizenship in the United States on his first day in office, renewing a long-standing political debate about the legality of such a move.
“We’re going to have to get it changed. We’ll maybe have to go back to the people,” Trump told NBC’s Kristen Welker. When asked how he planned to enact the change, Trump suggested he might pursue executive action. “If we can, through executive action,” he said. He added that his initial efforts were delayed by the need to address the COVID-19 pandemic during his previous term. “We have to end it. It’s ridiculous.”
Birthright citizenship, a guarantee under the Fourteenth Amendment to the U.S. Constitution, grants citizenship to nearly everyone born on U.S. soil, with exceptions for children of foreign diplomats and enemy occupiers. The amendment, ratified in 1868, explicitly 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.”
Legal scholars widely agree that altering or ending birthright citizenship would require a constitutional amendment, which demands congressional approval and ratification by three-fourths of the states. The Supreme Court has upheld birthright citizenship, most notably in the 1898 case United States v. Wong Kim Ark, which ruled that children born in the U.S. to foreign nationals are entitled to citizenship.
Legal and Political Challenges
Trump’s proposed reliance on executive action raises significant constitutional questions. The executive branch cannot unilaterally amend the Constitution, and attempts to reinterpret the Fourteenth Amendment’s jurisdiction clause through executive order would likely face immediate legal challenges.
Efforts to change the constitutional provision through legislation or amendment would also face steep political opposition. The amendment has long been considered a cornerstone of American civil rights, ensuring equality and preventing discriminatory exclusions from citizenship.
Dreamers: A Different Approach?
In the same interview, Trump expressed a softer stance on Dreamers, undocumented individuals brought to the U.S. as children. “We have to do something about the Dreamers because these are people that have been brought here at a very young age,” he said. “And many of these are middle-aged people now. They don’t even speak the language of their country.”
While details of Trump’s plan for Dreamers remain unclear, his comments suggest an openness to compromise on this issue, contrasting with his hardline stance on birthright citizenship.
What’s Next?
Trump’s remarks have reignited a debate over the scope of presidential power and the enduring strength of constitutional protections. With legal precedent strongly favoring birthright citizenship and the challenges of amending the Constitution, experts say Trump’s proposal faces significant hurdles.
As the nation awaits further details on his policy agenda, the balance between immigration reform, constitutional fidelity, and civil rights remains at the forefront of the national conversation.