One of President-elect Trump’s promises that he plans to implement upon assuming office later this month is to end birthright citizenship in the US. What this essentially means—if passed—is that children born on US soil to undocumented immigrants or those on temporary visas would no longer become automatic US citizens by virtue of being born here. This proposed measure has understandably sparked widespread fear and anxiety amongst the immigrant community.
What Is Birthright Citizenship?
Birthright citizenship is enshrined in the 14th Amendment, which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This has historically meant that anyone born on U.S. soil is granted U.S. citizenship automatically and entitled to all the rights and privileges that come with being a citizen, including the ability to vote, secure stable employment, and live free of fear of deportation.
Trump’s Proposal Explained
Donald Trump intends on issuing an Executive Order on January 20, 2025 that would eliminate birthright citizenship for children born in the U.S. to parents who are not citizens or legal permanent residents. This would effectively leave many U.S.-born children stateless, without any citizenship to claim, depending on their parents’ status. As stark and terrifying as this may sound, it is not certain that such an executive order would pass legal muster. The measure will undoubtedly face significant legal challenges in the courts as to its constitutionality. Realistically, changing or nullifying birthright citizenship would likely require amending the U.S. Constitution via a two-thirds majority in both houses of Congress and ratification by three-fourths of state legislatures. Since this is issue is so polarizing, it is highly questionable whether the President will be able to corral enough support.
The Only Path to Citizenship Without Birthright Citizenship
If birthright citizenship hypothetically were to end, the only remaining path to citizenship would be via naturalization. For those unfamiliar, naturalization is the process by which a non-citizen can voluntarily become a U.S. citizen after fulfilling certain requirements. Applicants must in general:
- Obtain lawful permanent resident status (a green card);
- Meet residency requirements, such as living in the U.S. for five years (or three years, if married to a U.S. citizen);
- Satisfy physical presence and continuous residence requirements;
- Pass an English and civics test; and
- Demonstrate good moral character.
What This Means for Immigrant Communities
If Trump’s plan to revoke birthright citizenship moves forward, it will have profound, devastating effects on immigrant families and future generations. Ramifications include but are not limited to potential family separation, statelessness, and formidable barriers to education, employment and other necessary resources.
While it is important to be aware of the latest immigration news, it is equally important not to panic after every news story. Stripping birthright citizenship is an extremely drastic proposal that will likely have to be litigated before children are at risk of losing their citizenship.