Former U.S. President Donald Trump has revealed plans to challenge the 14th Amendment’s clause on birthright citizenship.
He intends to change the constitutional provision that grants U.S. citizenship to anyone born on American soil, specifically targeting the children of undocumented immigrants, Mail Online reported.
During a recent NBC interview with host Kristen Welker, Trump expressed his determination to amend the Constitution or use executive power to end birthright citizenship.
He articulated that his previous effort was stymied by the arrival of the COVID-19 pandemic. Trump erroneously stated that the United States is the only country that employs a birthright citizenship policy.
Considering Trump's proposed alteration, altering the constitution involves a significant legislative process that requires the assent of both the House and Senate, followed by ratification from the states.
Furthermore, Trump's mention of executive action to bypass the 14th Amendment raises substantive constitutional questions. These are likely destined for judicial review, potentially reaching a Supreme Court with a conservative majority.
Trump believes that executive measures could directly impact the issuance of official documents. Specifically, he proposes to cease the provision of Social Security cards and passports to the U.S.-born children of undocumented parents, effectively denying them the benefits of U.S. citizenship at birth.
Legal experts and historians note that ending birthright citizenship would be incredibly complex legally and politically. The 14th Amendment clearly states that all persons born or naturalized in the United States are citizens, without exceptions for children of undocumented immigrants. Any executive order conflicting with this constitutional provision could trigger lawsuits leading to a crucial Supreme Court decision.
Trump discussed broader immigration enforcement plans in the same interview. He mentioned launching the largest deportation effort in U.S. history and negotiating with third countries to accept deported immigrants. This action underscores his ongoing commitment to stringent immigration policies, which were a hallmark of his previous term in office.
During his NBC interview, Donald Trump specifically said:
> "Well, we're going to have to get it changed," and "We'll maybe have to go back to the people. But we have to end it." Do you know if somebody sets a foot, just a foot, one foot, on our land, 'Congratulations you are now a citizen of the United States of America.' Yes, we’re going to end that because it’s ridiculous."
Another significant point of debate brought up during the interview relates to the exact wording of the 14th Amendment. Republican Utah Senator Mike Lee highlighted the importance of the component regarding jurisdiction, which Trump and his advisors could argue exempts the children of undocumented immigrants from automatic citizenship.
Trump's statement has reinvigorated debates around nationality and immigration law, drawing criticism and support across the political spectrum. Critics argue that such changes could lead to statelessness and other significant human rights issues for children born in the U.S. to undocumented immigrants.
In summary, Donald Trump's intention to terminate birthright citizenship encapsulates his continued focus on stringent immigration controls. His plan could redefine the understanding of nationality in the United States, affecting millions and potentially reshaping U.S. civic identity. The legal implications, coupled with the plan to initiate mass deportations, emphasize a substantial shift in the approach towards immigration and citizenship within the nation. Further developments are expected as these proposals advance through political and legal channels.
