Former President Donald Trump promised on Tuesday (30) to challenge a long-standing interpretation of the United States Constitution in an attempt to end the right to citizenship for children of undocumented immigrants born on American soil, should he win the election next year.
If he secures a second presidential term, Trump stated that he would issue an executive order on his first day in the White House, in January 2025, instructing the federal government to deny citizenship to children whose parents are not American citizens or legal permanent residents.
According to a decades-long interpretation of the Constitution, children born in the U.S. automatically receive American citizenship, even if their parents are not citizens or are legally present in the country. Immigration opponents have long criticized the policy, saying it encourages more immigrants to come to the U.S. illegally. While in the White House, Trump repeatedly floated the idea of contesting this interpretation, but never moved from rhetoric to action.
In his speech on Tuesday, Trump framed the measure as part of a broader crackdown on unauthorized immigrants and asylum seekers, should he return to the White House. He also promised to launch the largest immigrant detention and deportation operation in U.S. history.
“My policy will end the great incentive for continued illegal immigration, will prevent more migrants from coming, and will encourage many of the foreigners that Joe Biden allowed to enter our country illegally to return to their home countries. They must go back,” Trump said in a video message.
If Trump wins the 2024 presidential election and fulfills his promise, the attempt to end citizenship for children of undocumented immigrants will certainly face significant legal challenges.
Is birthright citizenship in the Constitution?
The 14th Amendment of the Constitution, adopted after the Civil War, states that all “persons born or naturalized in the United States” are “citizens of the United States and of the state wherein they reside.”
“Any executive action by a president to try to end birthright citizenship will be challenged in the courts and will likely be deemed unconstitutional,” said Stephen Yale-Loehr, a professor of immigration law at Cornell University, to CBS News.
Although the measure is unlikely to take effect, Yale-Loehr added, it could be a beneficial campaign tactic for Trump, especially during the Republican primaries.
Source: CBS News