Potential Legal Battle: How Trump Plans to End Birthright Citizenship
“Every year, 300,000 to 400,000 children are born to illegal immigrants in the United States.”
Former US President Donald Trump recently pledged to end birthright citizenship in the United States if he wins November's presidential election.
Trump had vowed to end birthright citizenship when he first ran for president in 2015, and raised it again in 2018, but he did not issue an executive order to do so.
At the time, US House Speaker Paul Ryan, also a Republican, rejected the proposal, saying that there is no way to do something like that through an executive order.
It has long been known that birthright citizenship is available under the 14th Amendment to the Constitution, which states that all persons born or naturalized in the United States and subject to its jurisdiction are American citizens.
The amendment was a promise to oppressed peoples that when they were born in the land of freedom, they would become an integral part of this nation. But can these historic words be erased by an executive order from the president?
Legal Battles
In a scene reminiscent of civil rights battles in American history, former US President Donald Trump’s announcement that he will end birthright citizenship if he wins the upcoming presidential election has sparked a wave of controversy and condemnation.
Trump, the frontrunner for the Republican presidential nomination, said in a campaign video posted on X that he would issue an executive order instructing federal agencies to stop what is known as birthright citizenship.
Under Trump’s proposal, at least one parent would have to be a citizen or legal resident for a child to be granted citizenship by birth, and he said the order would not apply retroactively.
Trump said the executive order would also address so-called birth tourism, where people visit the United States at the end of pregnancy to ensure their child is born as a US citizen.
It is unclear exactly how many babies are born each year in the United States to parents who do not have US citizenship, or how many would qualify as birth tourists, as Trump put it.
However, the Center for Immigration Studies, an anti-immigration group, said there could be as many as 400,000 children born each year to undocumented parents, and thousands more babies are born as a result of birth tourism each year.
The American Immigration Council, an immigrant rights group, said it did not have exact figures, but noted that there are currently an estimated 3.7 million children born in the United States who have at least one undocumented parent, a figure derived from U.S. census data.
Trump, known for his ability to abuse his executive powers, previously issued an executive order in 2017 banning travel from Muslim-majority countries.
While that ban faced fierce legal battles that reached the Supreme Court, which ultimately upheld a watered-down version, his new push to end birthright citizenship could face similar, if not more severe, challenges.
Issuing an executive order denying citizenship to children born to parents who have no legal status in the United States may seem like a sweeping move, but it would likely be the start of a complex and protracted legal battle.
There are likely to be immediate legal challenges, and the case will wind its way through the judicial system to the Supreme Court, which is now dominated by a conservative majority thanks to Trump’s three appointments during his previous term.
Amending the US Constitution is a difficult and complex process, requiring the approval of two-thirds of Congress and a majority of state legislatures.
Legal experts say that any attempt to amend the 14th Amendment would be fraught with obstacles, and in the current political climate, such a task seems nearly impossible.
However, Trump could resort to filing lawsuits to change the interpretation of the constitutional text, but that path is also not as easy as some might imagine.
In addition to legal challenges, Trump could try to pass a law in Congress that would abolish birthright citizenship, but that law, if passed, would also face constitutional challenges that could reach the Supreme Court.
In the past, when the US government has tried to restrict immigration or citizenship rights, it has faced significant resistance from civil society and human rights organizations.
Removing this privilege could lead to widespread protests and lengthy legal challenges.
Americans who believe in equality and justice will see this decision as a threat to their core values.
Children born in the United States to non-citizen parents will feel deprived of their natural rights, potentially creating a new generation of individuals who feel discriminated against and do not belong.
American Values
Trump’s statements put the United States at a crossroads, where two visions are clashing: one sees birthright citizenship as an expression of the values of freedom and equality on which the country was founded, and the other sees this right as an open door to illegal immigration and exploitation.
Kenneth Cuccinelli, who served as a senior official at the Department of Homeland Security in the Trump administration, said the proposal was politically feasible and manageable.
In light of the comments, all eyes are on the Supreme Court, which could once again find itself at the center of a heated constitutional battle.
Recent Supreme Court decisions, such as striking down the Chevron Doctrine, a nearly 40-year-old legal principle that directed judges to defer to federal agencies’ interpretations of laws when the laws were not clear, show that the court can make bold and unexpected decisions.
The 1984 decision has long been a target for conservatives who see it as giving the authority that judges should exercise to experts who work in government.
This shifting legal context makes it possible for changes in the interpretation of the 14th Amendment to occur, but it remains subject to the complex judicial process and the political balance in the country.
Analysts believe that American history indicates that basic rights are not easy to achieve, and cannot be changed by a passing political decision, but rather a long and complex journey that requires broad consensus and strong political and legal will.
It is noteworthy that American citizenship by birth grants the child immediate rights and privileges, starting with the right to permanent residence in the country, through access to education and health services, and reaching the right to participate in the democratic process by voting upon reaching the legal age.
According to reports, obtaining citizenship by birth means that the child will have the right to work in any field of his choice without restrictions, and will be protected by labor laws that guarantee his rights as a worker.
Over the decades, this feature has formed part of the American identity as a country open to all regardless of their origins.
This role has boosted the economy by bringing in new minds and young energies ready to contribute to the country's growth.
The history of the United States is full of success stories of immigrants and their children who have contributed greatly to the fields of science, technology, arts, and politics.
On his part, lawyer Hassan Aswad explained in a statement to Al-Estiklal that “Trump's statements about ending birthright citizenship reflect certain political orientations and will have a profound impact on the social and political fabric of the United States.”
“This case is not just a simple legal amendment, but rather a challenge to the values on which the United States was founded and which made it a destination for immigrants from all over the world,” he said.
Aswad noted that “any attempt to end this right will face enormous challenges, not only in the courts, but also in Congress and the public arena.”
