Trump’s Call to End Birthright Citizenship: Legal or Impossible?

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In recent months, President elect Donald Trump pledged to end birthright citizenship – a right that is protected by the 14th amendment.

In this video, Jacob Sapochnick answers an important question, can he really do it?

Keep on watching this video to learn more.

Overview

Donald Trump made national headlines during a recent interview with NBC news where he suggested he would end birthright citizenship with the passage of an executive order.

In his interview, he told the media, “We’re gonna have to get it changed, or maybe I would go back to the people, but we have to end it. We’re the only country that has it…I was going to do it through executive action…”

The Trump team is also reportedly seeking to crack down on birth tourism, a phenomenon, where expecting mothers travel to the United States to give birth for the purpose of obtaining U.S. Citizenship for their child.

What is Birthright Citizenship?

Birthright citizenship means that any person born on U.S. soil automatically becomes a U.S. Citizen. This right is enshrined in the 14th amendment of the U.S. Constitution

Interpretation of the 14th Amendment

Trump allies believe that the 14th amendment has been misinterpreted and does not apply to children born in the United States to undocumented parents. They also take the position that birthright citizenship does not apply to noncitizens entering the country on temporary visas like B1/B2 to give birth.

For that reason, the Trump administration is seeking to end the practice once and for all through executive action.

Can an executive order amend the U.S. Constitution?

No. The President does not have the authority to amend or repeal any part of the Constitution by executive order.

Amending a part of the U.S. Constitution requires a two-thirds vote in both the House and Senate, and ratification by three-quarters of the states.

Any such action by the President would result in a legal showdown, that would need to be resolved by the U.S. Supreme Court.

Conclusion

This hardline rhetoric is a strategic attempt by the Trump administration to appease voters but is not grounded in reality. A move toward ending birthright citizenship would need to occur in Congress to be lawful.

We encourage readers not to give into any fear and instead educate yourself on these topics. When in doubt, speak with an immigration attorney to understand your rights.

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