President-elect Trump seeks to end Birthright Citizenship: What is it?

Trump also plans to deport all individuals who entered the US illegally, aiming to achieve this over his four-year term. However, undocumented immigrants who arrived as children may be allowed to stay

US President-elect Donald Trump announced on Sunday his plan to eliminate the country’s ‘Birthright Citizenship’, a policy established under the 14th Amendment of the Constitution. If implemented, the move would deny citizenship to individuals born in the United States to undocumented parents.

 

In an interview with NBC News, Trump also outlined plans to deport all individuals who entered the country illegally, aiming to achieve this over his four-year term. This initiative was a cornerstone of his Republican campaign.

 

However, Trump expressed willingness to collaborate with Democrats on a deal to protect ‘Dreamers’ — undocumented immigrants who arrived in the US as children — allowing them to remain in the country.

 

 

Addressing reproductive rights, Trump clarified that he does not intend to limit access to abortion pills, despite earlier campaign statements praising the Supreme Court’s 2022 decision to overturn Roe vs Wade. Notably, three justices appointed by Trump during his first term contributed to the ruling that ended the constitutional right to abortion.

What is Birthright Citizenship in the US?

Birthright citizenship is a legal principle that grants citizenship to individuals born on US soil, regardless of their parents’ immigration status. This concept is included in the 14th Amendment of the United States Constitution, which states, “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside”.

 

The principle, known as ‘jus soli’ (right of the soil), contrasts with ‘jus sanguinis’ (right of blood), where citizenship is determined by the nationality of one or both parents.

Origin of Birthright Citizenship

The origins of Birthright Citizenship can be traced back to English common law, which “granted citizenship to children born within the realm”. However, this principle faced challenges, particularly during periods of racial and ethnic discrimination in American history. The infamous ‘Dred Scott vs Sandford’ decision in 1857 denied citizenship to people of African descent, whether free or enslaved. This ruling was effectively nullified by the 14th Amendment, sanctioned in 1868, which aimed to ensure that all individuals born on US soil were recognised as citizens.

 

The landmark Supreme Court case, ‘United States vs Wong Kim Ark’ in 1898 further solidified this principle by ruling that children born in the US to immigrant parents are citizens, reinforcing the interpretation of the Citizenship Clause.

Current legal framework

Under current US law, Birthright Citizenship applies to almost everyone born on US territory, with a few exceptions: 

>Children of foreign diplomats: They are not subject to US jurisdiction and therefore do not receive citizenship at birth.

>Children born in US territories: Individuals born in territories like Puerto Rico are granted US citizenship, but those born in American Samoa do not automatically receive it.

The 14th Amendment’s guarantee has been upheld consistently over the past century, making it a cornerstone of American civil rights and immigration policy.