Given the conservative majority on the supreme court, it’s not a certainty that the right will remain in place
https://www.theguardian.com/us-news/2024/dec/15/trump-brithright-citizenship
Donald Trump probably will not be able to fulfill his stated aim of ending birthright citizenship in the US when he returns to the White House, but it is perhaps more conceivable than during his first term, according to legal experts.
The US constitution guarantees citizenship to anyone born in the country, even if they are the children of undocumented immigrants.
The president-elect said he would eliminate that right during his first term and again recently said during a television interview that he planned to and could use an executive action or would “maybe have to go back to the people”.
The aim comes at the same time as Trump plans to carry out mass deportation of millions of undocumented immigrants during his second term – an ambition that has civil liberties groups and many Democrats bracing for economic and legal chaos and protests.
But if Trump were to try to use executive action to eliminate birthright citizenship, courts would probably strike it down because of language contained in the 14th amendment, according to scholars.
Still, given the conservative majority on the supreme court – and fact that one of the people considered a candidate for the court has argued that the provision does not apply to children of “invading aliens” – it’s not a certainty that birthright citizenship will remain in place, said Amanda Frost, a University of Virginia law professor and expert in immigration and citizenship law.
https://www.theguardian.com/us-news/2024/dec/15/trump-brithright-citizenship
Donald Trump probably will not be able to fulfill his stated aim of ending birthright citizenship in the US when he returns to the White House, but it is perhaps more conceivable than during his first term, according to legal experts.
The US constitution guarantees citizenship to anyone born in the country, even if they are the children of undocumented immigrants.
The president-elect said he would eliminate that right during his first term and again recently said during a television interview that he planned to and could use an executive action or would “maybe have to go back to the people”.
The aim comes at the same time as Trump plans to carry out mass deportation of millions of undocumented immigrants during his second term – an ambition that has civil liberties groups and many Democrats bracing for economic and legal chaos and protests.
But if Trump were to try to use executive action to eliminate birthright citizenship, courts would probably strike it down because of language contained in the 14th amendment, according to scholars.
Still, given the conservative majority on the supreme court – and fact that one of the people considered a candidate for the court has argued that the provision does not apply to children of “invading aliens” – it’s not a certainty that birthright citizenship will remain in place, said Amanda Frost, a University of Virginia law professor and expert in immigration and citizenship law.