President-elect Donald Trump has announced plans to challenge the birthright citizenship clause of the 14th Amendment as part of his strategy to manage the U.S. migrant crisis.
The Daily Mail reported that Trump has expressed his intention to address what he considers a fundamental flaw in U.S. immigration policy by removing birthright citizenship. This provision, enshrined in the 14th Amendment since 1868, automatically grants citizenship to nearly all individuals born on U.S. soil.
In a recent interview with NBC's Kristen Welker, Trump discussed potential pathways to adjust this constitutional right, including a constitutional amendment or executive action.
This comes after his initial plans to tackle this issue were postponed due to the onset of the COVID-19 pandemic in early 2020.
The 14th Amendment clearly states that all persons born or naturalized in the U.S. are citizens. However, Trump's advisers and some conservative legal experts argue that the phrase "and subject to the jurisdiction thereof" provides a loophole. This phrase, they claim, excludes children of certain non-citizens such as foreign diplomats.
Senator Mike Lee has emphasized the significance of the often-overlooked phrase during discussions, indicating that it could be key to Trump's strategy.
He highlighted that these words were intentionally included to set specific limits on who is automatically granted citizenship.
Trump's controversial stance is that the United States stands alone in offering unconditional soil-based citizenship. He has frequently stated that this policy is "ridiculous" and "must end" to properly address the migrant crisis.
The legality of any move to alter the 14th Amendment through executive action alone is questionable and is anticipated to be contested vigorously in the courts.
Legal experts predict that the issue will likely ascend to the Supreme Court, where Trump has appointed three of the current justices, potentially influencing its conservative majority.
The implementation strategy discussed includes significant bureaucratic changes such as halting the issuance of Social Security numbers and passports to children born in the U.S. to undocumented parents. This would effectively remove many of the automatic benefits that come with American citizenship.
During the NBC interview, Welker posed a direct question to Trump about circumventing the 14th Amendment through executive powers, to which Trump responded affirmatively, noting the necessity of revisiting the policy with the American people or through judicial avenues.
Trump has linked his proposal to end birthright citizenship with his broader immigration policy objectives, which include initiating the largest deportation effort in U.S. history.
His transition team is already in talks with third-party countries to facilitate the process of accepting deported immigrants.
This policy has been part of Trump's broader pledge to tackle what he describes as an unprecedented migrant crisis, and he views the change in citizenship rights as integral to this effort.
The approach has sparked a significant debate about the interpretation of the Constitution and the rights of children born in the United States.
Senator Lee reiterated the importance of the specific language of the 14th Amendment in this context, stating, "Those words matter." His comment underscores the complexity of the legal arguments that will likely emerge around this issue.
