Former President Donald Trump, the leading candidate for the GOP nomination in the 2024 presidential election, has put forth a policy proposal to eliminate birthright citizenship for children of illegal immigrants and individuals engaging in “birth tourism.” Trump asserts that this adjustment would serve as a deterrent to illegal immigration, citing the existing system as an attractive force for migrants. According to a Breitbart exclusive, Trump intends to sign an executive order to enact this policy on his first day back in office, should he win the presidency again.
Birthright citizenship in the United States is a fundamental principle that grants automatic U.S. citizenship to anyone born within the country’s territory, regardless of their parent’s immigration status. This longstanding legal tradition is rooted in the 14th Amendment of the U.S. Constitution. The 14th Amendment 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.”
The concept of birthright citizenship is firmly established in U.S. law and can only be altered through a constitutional amendment. This means that any proposed changes to birthright citizenship would require a constitutional amendment to modify the criteria for who is eligible for this privilege and who is not.
Hence, modifying birthright citizenship would necessitate a constitutional amendment that defines the criteria for eligibility. The issue of birthright citizenship continues to generate significant controversy within U.S. citizenship law, however, Trump argues that the ruling is a misinterpretation of the law. Many argue that some individuals deliberately exploit this principle by seeking to have children within the United States, granting them birthright citizenship, which in turn may complicate efforts to deport illegal immigrants who have children born in the country.
According to Breitbart:
The policy proposal, contained in one of his Agenda 47 videos his campaign released, was obtained exclusively by Breitbart News ahead of its public release.
Trump argues that birthright citizenship for children of illegal aliens serves as a “magnet” and an “incentive” for future prospective migrants to attempt to enter the country illegally.
But, he argues, that case for birthright citizenship for children of illegal aliens is built on a misinterpretation of the law.
Trump also says his promised executive order would end so-called “birth tourism,” where people from other countries attempt to come into the United States to give birth to their children so they will be born with U.S. citizenship. Trump says his executive order would require that at least one parent be either a U.S. citizen or legally in the country.
Former President Trump’s proposal to end birthright citizenship for children of illegal immigrants and “birth tourism” has sparked a contentious debate. While he argues that this change would discourage illegal immigration, birthright citizenship is firmly established in U.S. law through the 14th Amendment of the Constitution.
Altering birthright citizenship would necessitate a constitutional amendment to redefine eligibility. The topic remains controversial, with concerns over immigration enforcement from the left. Trump’s proposal to address it through an executive order, if elected, could be a game changer for immigration in the United States moving forward.