Can Trump Change Birthright Citizenship? The Legal Battle Explained

Trump Administration Pushes Again to Restrict Birthright Citizenship—What’s at Stake?

A Renewed Legal Battle Over Citizenship Rights

The Trump administration is once again seeking to limit birthright citizenship, asking the U.S. Supreme Court to allow restrictions despite ongoing legal challenges.

On Thursday, the administration filed emergency applications with the high court, aiming to deny citizenship to people born in the U.S. after February 19 if their parents are in the country illegally. However, district judges in Maryland, Massachusetts, and Washington have blocked the order, keeping birthright citizenship intact nationwide for now.

What Is Birthright Citizenship?

Birthright citizenship guarantees that anyone born on U.S. soil is automatically a citizen, even if their parents are in the country illegally. This right was established in the 14th Amendment to the U.S. Constitution after the Civil War.

Trump and his supporters argue that citizenship should be harder to obtain, calling it “a priceless and profound gift.” However, legal scholars say the constitutional protections in the 14th Amendment make it extremely difficult to overturn.

Trump’s Stance on Birthright Citizenship

Trump has long opposed birthright citizenship, calling it “ridiculous.”

“We are the only country in the world that does this with the birthright, as you know, and it’s just absolutely ridiculous,” he said in January. In reality, dozens of countries, mostly in the Americas, grant birthright citizenship.

Critics argue that ending this right would have far-reaching consequences.

“Eliminating birthright citizenship could eventually place every single person in America in the precarious position of having to prove their citizenship,” said Alex Nowrasteh, vice president of the pro-immigration Cato Institute.

According to the Migration Policy Institute, as of 2019, around 5.5 million children under 18 lived with at least one parent in the country illegally—7% of the U.S. child population. The vast majority of these children are U.S. citizens.

What Does the Law Say?

The 14th Amendment, ratified in 1868, states:

“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.”

However, this rule hasn’t always been applied universally. For example, it wasn’t until 1924 that Congress granted citizenship to all Native Americans born in the U.S.

Trump and other immigration restriction advocates argue that the phrase “subject to the jurisdiction thereof” allows the government to deny citizenship to children of undocumented immigrants.

What Is the Basis of Trump’s Legal Appeal?

The Trump administration’s emergency appeal does not directly challenge the legal validity of birthright citizenship. Instead, it focuses on whether individual federal judges should have the power to issue nationwide rulings that block presidential orders.

The Justice Department argues that district judges should not be able to impose nationwide injunctions. In past cases, five conservative Supreme Court justices have raised concerns about this issue, but the high court has never issued a definitive ruling.

As legal battles continue, the future of birthright citizenship remains uncertain. For now, the 14th Amendment continues to uphold a long-standing constitutional promise, but challenges to its interpretation may shape the next phase of the debate.

Source