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President-elect Donald Trump has once again expressed his intent to eliminate birthright citizenship, calling it ‘ridiculous’ and vowing to address the issue after taking office on January 20th.
Birthright citizenship, guaranteed under the 14th Amendment to the US Constitution for over 150 years, ensures that children born within US borders are granted citizenship, regardless of their parents’ immigration status.
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In an interview, Trump stated, “We’re going to have to get it changed. We’ll maybe have to go back to the people. But we have to end it.” Despite raising this issue during his first term, no substantial progress was made. Trump and his supporters argue that the current system is being exploited through ‘birth tourism,’ where individuals enter the US solely to give birth and secure citizenship for their children.
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Birthright citizenship is opposed on the grounds that it compromises immigration control. Eric Ruark of NumbersUSA remarked, “Simply crossing the border and having a child should not entitle anyone to citizenship.” Trump has also indicated that his plan would prioritise keeping families together, potentially resulting in the deportation of entire families, including legal citizens, to avoid separation.
The 14th Amendment, which states “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” provides the legal basis for birthright citizenship. Since the president cannot unilaterally modify the Constitution, any attempt to remove this power would be met with formidable legal obstacles.
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The implications of removing birthright citizenship are far-reaching. According to a 2011 factsheet by the American Immigration Council, such a change would complicate the process for American parents to prove their children’s citizenship. Birth certificates, a standard proof of citizenship, would lose their validity under a revised system.
Indian-Americans, a significant demographic in the US, could be particularly affected. Pew Research’s analysis of the 2022 US census estimates that 1.6 million Indian-Americans born in the country currently hold citizenship. Revoking birthright citizenship would leave their status in jeopardy.
While Trump’s rhetoric has reignited the debate, some are questioning its credibility. “I don’t take his statements very seriously,” Alex Nowrasteh, vice president at the pro-immigration Cato Institute, said. He has been saying stuff like this for almost a decade, yet he did nothing substantial to work on this agenda when he was president, he added.
With possible ramifications for millions of families, the birthright citizenship controversy highlights a larger dispute over immigration law and constitutional rights in the US.
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