What Is Birthright Citizenship? A Closer Look at the 14th Amendment

President-elect Donald Trump is planning to make even more controversial decisions during his second term in the White House. In addition to his contentious cabinet picks, Trump revealed on Dec. 8 in an interview with NBC’s Kristen Welker on Meet the Press that he plans to end birthright citizenship in the United States.

Find out more about what birthright citizenship entails, whether Trump can make this change, and who would be affected if it were to happen.

What Is the Meaning of Birthright Citizenship?

Birthright citizenship is the legal principle that grants automatic citizenship to any child born on the territory of a country, regardless of the citizenship or immigration status of their parents. In the United States, this principle is enshrined in the 14th Amendment of the U.S. 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 means that any child born on U.S. soil, whether their parents are citizens, legal residents, or undocumented immigrants, automatically acquires U.S. citizenship at birth.

Can Trump End Birthright Citizenship?

Trump has stated that he still intends to end birthright citizenship, a goal he previously listed as a priority for his first day in office. While it remains unclear whether he will be able to achieve this or how soon it might happen, Trump mentioned that, if possible, he plans to change it through executive action, among other unspecified options.

To change the 14th Amendment, it would require a two-thirds majority vote in both the House of Representatives and the Senate, which are currently both controlled by Republicans. After that, the amendment would need to be ratified by three-fourths of the state legislatures.

Who Would Be Affected by the Change?

If Trump were to end birthright citizenship, it would primarily impact:

1. Children Born to Undocumented Immigrants: The most direct impact would be on children born in the U.S. to undocumented immigrants. Currently, these children automatically receive U.S. citizenship under the 14th Amendment. Without birthright citizenship, they would not gain citizenship at birth.
2. Children Born to Temporary Residents or Tourists: If birthright citizenship were revoked, children born to non-citizens, such as tourists, diplomats, or temporary workers, could also be denied automatic citizenship, despite being born on U.S. soil.
3. U.S.-Born Children of Immigrants Seeking Citizenship: Families of immigrants could face increased challenges in securing citizenship or legal status for their children, particularly in cases where the parents are not U.S. citizens or lawful permanent residents.