Birthright citizenship refers to the legal principle by which anyone born within the territorial limits of a country automatically becomes a citizen of that country, regardless of the parents' nationality or legal status.
In the United States, this right is enshrined in the 14th Amendment to the Constitution, which states, “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.”
This amendment was primarily aimed at ensuring citizenship for former slaves after the Civil War but has since been broadly interpreted to include children of immigrants, whether documented or not.
Trump's Stance on Birthright Citizenship
Former President Donald Trump, now the President-elect, has repeatedly vowed to end birthright citizenship for children born to undocumented immigrants.
His plan involves issuing an executive order on his first day back in office to reinterpret the 14th Amendment's jurisdiction clause, arguing that children of undocumented immigrants are not "subject to the jurisdiction" of the U.S. in the same way as others.
Trump has maintained that this change would deter illegal immigration by removing what he views as a significant incentive for people to enter the country unlawfully.
Trump's proposal to end birthright citizenship for children of undocumented immigrants is a significant policy shift that would challenge long-established constitutional norms.
The legality of Trump's plan to end birthright citizenship via executive order is highly contested. Constitutional scholars overwhelmingly agree that this right cannot be altered by an executive order alone due to its constitutional foundation.
While it aligns with his campaign promises on immigration, the practical implementation would face substantial legal, social, and political hurdles.
While the proposal to end birthright citizenship is controversial, those in favor argue that it would serve national interests by strengthening immigration control, aligning with a more contemporary interpretation of the constitution, enhancing national sovereignty, promoting legal migration, and curbing practices like birth tourism.
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