Trump challenges the U.S. Constitution: Is it possible to eliminate birthright citizenship?

The elected president of the United States, Donald Trump, has reignited the controversy surrounding birthright citizenship, a provision guaranteed by the 14th Amendment of the U.S. Constitution.

In an interview with NBC this Sunday, Trump promised to take action to put an end to this practice, calling it "ridiculous" and suggesting that he could do so through an executive order.

However, this proposal faces serious legal challenges, as citizenship by birth is protected by the Constitution itself.

What is citizenship by right of birth?

Birthright citizenship, also known as jus soli (right of the soil), is a legal principle that guarantees automatic citizenship to all individuals born within a country's territory, regardless of their parents' immigration status.

In the United States, this provision is enshrined in the 14th Amendment, which 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."

This principle applies automatically and has been a fundamental pillar for the integration of generations of immigrants into American society.

However, it has been at the center of the immigration debate, particularly in the political discourse of conservative right-wing groups, who argue that it is being misused by so-called "anchor babies."

Trump's proposal

Donald Trump has proposed to end birthright citizenship through an executive order.

As explained, their goal is to overturn the principle that automatically grants citizenship to anyone born on U.S. soil.

This is not the first time Trump has proposed this idea. During his administration from 2016 to 2020, he had already announced that he was "seriously evaluating" the possibility of eliminating this provision.

In his latest statement, Trump claimed that "we are the only country that has it," a statement that is incorrect. This point has been debunked by fact-checking organizations, which highlighted the inaccuracy of his assertion.

Which countries grant unconditional nationality by birth?

In addition to the United States, there are currently 29 other countries—mostly in Latin America—that grant automatic nationality to anyone born within their borders, excluding only the children of foreign diplomats and those of enemy forces occupying the country.

These countries are: Antigua and Barbuda, Argentina, Barbados, Belize, Brazil, Canada, Chad, Chile, Cuba, Dominica, Ecuador, El Salvador, Fiji, Grenada, Guatemala, Guyana, Honduras, Jamaica, Lesotho, Mexico, Pakistan, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Uruguay, and Venezuela.

These are countries that either have legal systems based on British common law, where the practice of "jus soli" developed, or have implemented measures to grant instant citizenship in order to attract people to their nations, as seen in some Central and South American countries.

Is it possible to eliminate birthright citizenship in the United States with an executive order?

This is the most controversial and complex point of Trump's proposal.

Citizenship by birth is guaranteed by the 14th Amendment of the U.S. Constitution, and modifying or eliminating this provision would require amending the Constitution itself.

This process requires the approval of two-thirds of both chambers of Congress and the ratification of three-quarters of the states, a feat that seems almost impossible in the current political landscape.

Legal experts point out that any attempt to do so through an executive order will immediately face a flood of lawsuits.

In fact, the proposal has been labeled as "unconstitutional" by prominent constitutional experts, who assert that the citizenship clause in the 14th Amendment cannot be altered by a presidential executive order.

What do the legal experts say?

Most legal experts agree that Trump's proposal is constitutionally unfeasible.

Erwin Chemerinsky, dean of the School of Law at the University of California, states that "birthright citizenship is not open to interpretation; it is clearly protected by the 14th Amendment."

Neal Katyal, former Acting Attorney General of the United States, pointed out that "no president can revoke a constitutional provision with an executive order, and any attempt to do so would be immediately struck down by the courts."

The Migration Policy Institute (MPI) argues that a change of this magnitude would require a constitutional amendment, which demands broad political consensus that, at this time, seems unattainable.

What impact would the elimination of birthright citizenship have in the United States?

The impact of this measure would be devastating for millions of immigrant families and for the American economy itself. Currently, more than 300,000 children are born in the United States each year who automatically receive citizenship under this principle.

If this right is eliminated, a new class of "stateless" individuals would be created—children born on U.S. territory who would not have a nationality or access to basic rights.

Critics of this measure argue that:

-It would affect mixed-status families: Many families made up of undocumented parents and U.S.-born children would become divided.

- It would increase the population without citizenship: Children without citizenship would be exposed to labor exploitation, human trafficking, and social marginalization.

-It would complicate the immigration system: The current system is already overwhelmed by the processing of asylum requests and visa applications. Adding a new group of people without legal status would only exacerbate the situation.

Political and social reactions

Reactions to Trump's proposal have been swift. From the Democratic Party, the response has been strong.

Political leaders and activists have pointed out that the proposal is "unconstitutional" and a direct attack on civil rights.

For their part, human rights organizations, such as the American Civil Liberties Union (ACLU), have already warned that any attempt to amend the 14th Amendment will be met with immediate legal challenges.

On the other hand, the conservative base and Trump supporters view this proposal favorably. The rhetoric against immigration has been a central theme in Trump's agenda since 2016, and his followers see it as a necessary step to "regain control of the borders."

What could happen?

If Trump proceeds with the executive order, the most likely scenario would be as follows:

-Executive Order Signed: Trump issues order to eliminate birthright citizenship.

Immediate legal actions: Civil rights groups, state attorneys general from various states, and immigration organizations are filing lawsuits in federal courts.

-Temporary suspension of the order: Judges may issue temporary restraining orders while the lawsuits are being resolved.

-Supreme Court: The case could escalate to the U.S. Supreme Court, where the justices will have to decide whether the 14th Amendment permits this modification through an executive order.

The controversy is at hand, and a legal battle is anticipated that could reach the Supreme Court.

Frequently asked questions about birthright citizenship and Trump's immigration proposals.