Donald Trump’s proposal to end birthright citizenship—a constitutional right granting U.S. citizenship to anyone born on American soil—has resurfaced several times throughout his political career. This bold agenda item taps into wider immigration policies and rallies parts of his base, but it’s one that faces severe legal, procedural, and social hurdles. Critics argue that pushing to revoke birthright citizenship is more about political signaling than a feasible policy shift. Further, his proposal resonates with certain white nationalist ideas, sparking debate over whether such rhetoric is stoking divisive social ideologies for political gain.
What is Birthright Citizenship?
Birthright citizenship is rooted in the 14th Amendment of the U.S. Constitution, ratified in 1868 during the Reconstruction Era. This amendment, specifically the Citizenship Clause, states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside" (Cornell Law). The amendment’s authors aimed to ensure the newly freed African Americans would have equal rights under the law. In modern times, it broadly grants U.S. citizenship to anyone born on U.S. soil, regardless of their parents' immigration status.
Trump’s Calls to End Birthright Citizenship
Trump’s stance on ending birthright citizenship is rooted in his broader immigration policy, focusing on what he calls "chain migration" and border control (factcheck.org). Trump has argued that birthright citizenship encourages illegal immigration by allowing children born in the U.S. to undocumented immigrants automatic citizenship. According to Trump, this results in a pathway for these families to stay in the U.S., which he claims has far-reaching economic, social, and legal consequences.
Trump’s solution is to end birthright citizenship for children born to non-citizen parents. However, achieving this objective isn’t as simple as issuing an executive order or passing a law. The legal standing of birthright citizenship is cemented in the Constitution, and altering it would require either a Supreme Court reinterpretation or a constitutional amendment—neither of which are likely to happen easily.
The Legal Hurdles: Can Birthright Citizenship Really Be Ended?
As embedded as birthright citizenship is in the 14th Amendment, changing it would require significant legal adjustments. Here are two possible routes Trump could theoretically explore:
1. Constitutional Amendment: To truly overturn the 14th Amendment’s guarantee of birthright citizenship, an amendment would be needed. This requires a two-thirds majority vote in both the House and Senate, followed by ratification from three-fourths of U.S. states. This is an exceptionally high bar and difficult to achieve even with a strong political majority.
2. Supreme Court Interpretation: Trump has suggested that the Supreme Court could reinterpret the 14th Amendment, especially since recent appointments have shifted the court to a conservative majority. However, for this to happen, a relevant case would need to make its way through the federal court system, eventually reaching the Supreme Court. Even then, the court would have to be willing to reinterpret a well-established amendment in a way that limits birthright citizenship. This type of reinterpretation would likely be controversial and face challenges from legal scholars and public opinion alike.
3. Executive Order or Congressional Law: Trump has hinted at using an executive order to limit birthright citizenship (NPR). However, legal experts widely agree that the president lacks the power to override the Constitution through executive action alone. Any attempt to end birthright citizenship in this manner would almost certainly be challenged in court and likely struck down, as it conflicts with the Constitution’s text and intent.
In other words, legal scholars argue that ending birthright citizenship cannot be achieved through any “loophole,” even in times of war or national crisis.
The Alien Enemies Act and War-Time Powers
Some have questioned whether Trump might invoke war-time powers or even the Alien Enemies Act of 1798 to bypass the Constitution and revoke citizenship. The Alien Enemies Act was part of the Alien and Sedition Acts and allows the government to detain or deport citizens of a hostile country if the U.S. is at war with that nation. However, it applies specifically to foreign nationals, not to those with U.S. citizenship.
In fact, the Alien Enemies Act has never been used to strip birthright citizenship from those born in the U.S. and does not apply to U.S.-born citizens. Additionally, the notion of revoking citizenship in times of war has no precedent or legal grounding within the U.S. constitutional framework. Therefore, the Alien Enemies Act does not offer a viable “loophole” for Trump’s goal of ending birthright citizenship.
The Social and Political Implications
Critics argue that Trump’s efforts to target birthright citizenship carry significant social implications. Although Trump’s stance on immigration has rallied a strong base of support, it has also sparked allegations of promoting white nationalist ideas. Some see his proposals as playing into a narrative that stigmatizes immigrants, especially those from Latin America, Africa, and the Middle East. As many immigrant communities are non-white, critics say that proposals to limit citizenship access, such as ending birthright citizenship, align with a broader agenda that emphasizes ethnonationalist ideas.
White Nationalist Support and Rhetoric
It’s undeniable that parts of Trump’s base include white nationalist and white supremacist groups. Throughout his career, these groups have voiced support for Trump’s immigration policies, seeing them as part of a larger effort to curb non-white immigration and preserve a certain ethnic majority in the U.S. This association, even if unintentional, raises questions about the motivations behind Trump’s policies.
In proposing an end to birthright citizenship, Trump risks amplifying the voices of those who support policies that might disproportionately affect immigrant communities and people of color. By aligning with or receiving endorsements from white nationalist groups, Trump’s policy proposals are seen by critics as dangerously close to promoting ideologies that fuel racial division.
Why Birthright Citizenship Matters for Immigrant Communities
Ending birthright citizenship would drastically impact immigrant communities in the U.S. Beyond the immediate effects on individual families, it would create a new category of children born on U.S. soil without citizenship—resulting in a generation of stateless people who may face legal challenges, limited access to healthcare, education, and employment opportunities.
According to Pew Research Center, there are approximately 4.5 million U.S.-born children under the age of 18 with at least one undocumented immigrant parent (Pew Research). Ending birthright citizenship could lead to legal limbo for these children, who would be deprived of the protections that U.S. citizenship provides, such as access to public benefits and the right to remain in the country.
The Political Strategy Behind Promoting the End of Birthright Citizenship
The proposal to end birthright citizenship, while unlikely to be implemented in practice, serves a key political purpose. By rallying a segment of his base that favors restrictive immigration policies, Trump reinforces his commitment to “America First” and positions himself as the hardline candidate willing to challenge established norms. Additionally, by focusing on immigration policies that promise to limit the rights of immigrants, he differentiates himself from opponents who take a more inclusive stance.
Even if birthright citizenship remains unchanged, the rhetoric around it serves as a political tool. It stirs up debate, keeps immigration issues at the forefront of national discourse, and strengthens his support among certain voter demographics.
While Donald Trump’s proposal to end birthright citizenship appeals to his core supporters, the legal, constitutional, and social obstacles it faces make it unlikely to succeed. The 14th Amendment’s guarantee of birthright citizenship remains a foundational aspect of U.S. law, and any attempt to overturn it would require either a constitutional amendment or a drastic reinterpretation by the Supreme Court. The Alien Enemies Act and war-time powers offer no real “loophole” for ending birthright citizenship, and an executive order is almost certain to be challenged and struck down by the courts.
Furthermore, Trump’s proposals on immigration have drawn significant criticism for aligning with white nationalist rhetoric. Critics argue that focusing on ending birthright citizenship and limiting immigration fuels divisive social ideologies that impact immigrant communities, especially people of color. By tapping into fears about demographic shifts, these policies appeal to certain voter demographics but risk promoting exclusionary and racially charged agendas.
Ultimately, Trump’s calls to end birthright citizenship underscore the tension between traditional constitutional rights and contemporary political movements seeking to reshape America’s identity. Whether these proposals will lead to actual policy changes remains uncertain, but they will likely continue to play a role in shaping U.S. immigration debates and the broader cultural conversation around identity and citizenship.
References:
- Cornell Law School - 14th Amendment: https://www.law.cornell.edu/constitution/amendmentxiv
- FactCheck.org - "Trump’s Dubious Promise to End Birthright Citizenship": https://www.factcheck.org/2023/06/trumps-dubious-promise-to-end-birthright-citizenship
- NPR - "Trump’s Executive Order on Birthright Citizenship": https://www.npr.org/2023/08/31/662354578/trump-executive-order-birthright-citizenship
- Pew Research Center - "U.S.-Born Children of Unauthorized Immigrant Parents": https://www.pewresearch.org/fact-tank/2022/10/31/undocumented-immigrant-children-birthright-citizenship/
- Wikipedia - White Nationalism: https://en.wikipedia.org/wiki/White_nationalism
