Sunday, December 8, 2024

Trump states that he will end birthright citizenship within his second term


Trump in an interview with Kristen Welker (Politico)

Trump has been a long-time advocate for ending birthright citizenship, a right protected under the 14th Amendment, dating back to 2015. During his first term as president, he stated in an interview with Axios that he would try to end birthright citizenship using an executive order. However, most legal scholars and those closest to him believed that he had no grounds to do so. Due to this, he didn't really attempt to do much about this during his first term. Come 2024, Trump is once again attempting to end birthright citizenship. In a recent interview with NBC's Kristen Welker, incoming President Donald Trump stated that he plans to end birthright citizenship in America on his first day in office. Although he does not clearly state his plans, it is known that he will attempt to do so using executive action.

To give Trump credit, attempting to change U.S. law early in his presidency could be strategic, as he will probably have the highest approval rating and greatest public support at this time than any other. The timing of his plan seems to be similar to how former President Barack Obama got his Affordable Health Care Act done; a push for change as early as possible. However, changing or erasing the 14th Amendment would still be impossible through executive action. The only real way to do so would be to create a new amendment that would override the 14th Amendment which is a grueling process. 

The process of amending the Constitution under Article V is intentionally rigorous and involves several steps. Article V forces a proposed amendment to go through Congress and/or the state legislation where a majority vote has to be taken. Because of this many attempts to change the Constitution have failed and Trump's attempt will probably have the same fate as most. 

I do not believe Trump has the power to end birthright citizenship in America, but it is concerning to see him make such attempts. His approach often appears aimed at restricting minorities' access to this country, and his electoral victory remains surprising to some. I anticipate that during his presidency, he will try to pass bills aimed at deporting immigrants and tearing families apart. I can only hope that such measures do not succeed. His attempts seem like a presidential overreach and I do hope the checks and balances that are implemented into our government will make sure that he cannot do anything extreme. 


21 comments:

Michael Yau said...

Trump also said in an NBC interview that he would deport entire families which had children who are citizens but parents who were in the U.S. illegally. He said, “I don’t want to be breaking up families.” Later, when discussing families where some members are in the U.S. legally and others came illegally, he said, “then the family has a choice.” Although Trump did have a zero-tolerance policy in his first term, which effectively tore families apart, he “eventually ended the practice.” It seems that Trump does not in fact aim at tearing families apart, at least in this particular case.

Also, the proposed executive order requires one parent to be a lawful permanent resident for the children to become citizens. So it is technically not ending all birthright citizenship, just the jus soli kind where neither parents are legal residents of the U.S.

I do think that Trump’s relentless attempts at deportation are morally wrong - dystopian even. Imagine neighbors being arrested one by one and told to leave the country. After all, that is what Tom Homan basically said in a CBS interview. I can see the similarities with Nazi Germany. Additionally, it is hard for me to imagine that a successful mass deportation or change in birthright citizenship policy would do positive things to the American economy.

Kaz Onuma said...

While executive orders are legitimate tools that can be used by the President, I do think Trump's use of it here can be seen as an abuse of power. He is trying to override the core fundamentals of citizenship by the 14th amendment, clearly violating the Constitution. In addition, his use of it is for political purposes rather than for managing the federal government. While I agree with the belief that this won't get through Congress, it is scary to think what he may try to do during his presidency. I can see him using executive orders to bypass the legislative process to achieve whatever is on his political agenda. The fact that he is targeting the minorities - those who probably don't support him- solidifies how he is marginalizing them to consolidate his public opinion and may even go beyond executive orders to achieve this goal. Considering this is his first move as President, we might be in for a rough ride the next 4 years.

Jiaqi Jin said...

This is downright outrageous and an unfriendly attack of considerable magnitude on immigrants by Trump. I don't think he realizes that immigrants have and will continue to support the backbone of the US. The US was founded on the the basis of people who believed the British empire was tyrannical and thus fled overseas to a new land. In the 20th century, many laborers immigrated here and contributed to our economy; and even to this day, many still immigrate here in search of opportunities that not only help them but the entirety of the US as well. The US simply would not exist without immigrants. Yet despite this, it looks like Trump is ignoring all of this history.

Another concern I have has to do with the specifics of Trump's proposed change in birthright policy--that his definition of citizenship consists of one parent to be a permanent resident. This requirement targets illegal immigrants, which Trump has a history of doing, and would make this piece of legislation hard to get through Congress.

Cole Sloan said...

Although these ideas and talking points that Donald Trump is pointing towards are obviously problematic, cruel and even some saying they are dystopian or similar to Nazi Germany and I would agree, ending birthright citizenship is absolutely out of line and is completely against so many values in this country. But also it will be hard to get done and he over is first term of presidency as well as his multiple campaigns to become president has made many promises or thoughts that have not come to fruition because they are usually far to ambitious and are very hard to accomplish and I think ending birthright citizenship is no different. Fortunetly our founders have built so many systems in place to hold power of the executive branch back as well as the other branches of government back and I do have faith that this will be the case if he tries to take away birthrights citizenship. As he will still need 2/3 of congress to pass this amendment and 3/4s of the states to ratify it before the amendment could be changed or taken of the constitution and he knows this he is just trying to be something his supporters stand for and this is probably something they would before as they are mostly white men that have families living in this country for many years and this would not affect them.

Jasper Caffo said...

Since the birthright citizenship has been deemed to be a part of the 14th amendment, we can hopefully assume that Donald Trump won't be able to use the power of executive order to overide birthright citizenship. Trump is clearly against immigrants, and his hopes to stop birthright citizenship is clearly an attempt at making deportation easier for him. As it stands seperating families is one of the major problems with the deportation of immigrants and by taking away the birth right citizenship he is kind of indirectly solving this problem making it easier for him to start mass deportation. While this would be supported by most of his followers, giving him a high approval rating I believe that he won't be able to change a part of an amendment.

Melody Chen said...

I agree that Trump will not be able to end birthright citizenship. I think he knows he can't as well, because changing an Amendment is an extremely difficult process. However, he is broadcasting it to the nation because it will win him some points, especially from nativists. Knowing that our nation is growing more and more polarized, the extreme conservatives will love this idea of Trump's and support him even more. Perhaps this was the strategy Kamala should have used, instead of maintaining a centrist position during her campaign. By declaring these ambitious goals, Trump will get his public approval score up even higher than it already is in time for his presidency. In turn, he will be able to more easily pass his more attainable policy goals since Congress members will listen to their constituents (many of them like Trump) and give Trump what he wants.

Lian Wang said...

I find it really interesting that even though Trump wants to strip people of birthright citizenship, he is working to compromise on the legal status of "Dreamers", undocumented immigrants who were brought here as children. This contradiction makes me wonder what actually drives his policies - whether it’s public support or political pragmatism.
That said, I am thankful that the founders deliberately created a limited government and made the Constitution difficult to amend. I am in awe that many provisions of the Constitution: protection against tyranny, preserving the status quo, and controlling the government, remain effective to this very day. Hopefully, these will continue to prove effective in today’s political landscape and continue to safeguard our democracy.

Amy Rubinchik said...
This comment has been removed by the author.
Amy Rubinchik said...

In my opinion, Trump's trying to push to end Birthright citizenship through executive action is deeply troubling this definitely seems like an abuse of his power. This directly contradicts the 14th Amendment, of the Constitution to protect the rights of citizens. While executive orders are legitimate tools using one to override the Constitution is an abuse of your power and it's a dangerous idea it's clear that he's trying to push his political agenda, This feels less like a strategic move and more like an overreach targeting minorities and immigrants. Fortunately, the process requires amending the Constitution which makes it unlikely for his plans to succeed but it's still concerning for a president to do such a thing.

Victoria Wu said...

It's ridiculous and hypocritical for Trump to push to end birthright citizenship, especially since his own family would have never been granted citizenship under the policies he's advocating for. His grandfather was born in Germany, and his father immigrated to the U.S. They came here looking for better opportunities, just like millions of others. Still, Trump wants to strip that same chance away from future generations. The audacity to target immigrants and their children, who contribute to society, while ignoring the fact that his own family benefited from the very system he’s now trying to dismantle is frustrating. It is an attack on the values this country was built on, and it will be very difficult to actually end birthright citizenship. Even if he tries, he’s likely to face major obstacles in getting this policy passed, which shows how little he understands about the immigrant experience and how much he’s willing to disregard the principles of fairness and equality.

Ella Taylor said...

I think this is a crazy idea given the fact that America was created by immigrants, and through stolen land. Also, I wonder if this is something that will actually happen. Of course, we know Trump will have many people on his side in his second term, but I wonder if that will be enough to abolish a constitutional amendment (or find an obvious way around it). Has this been done before? I feel that the Amendments are not something one can just try and go around, but at the same time, perhaps it comes down to varying interpretations of the Constitution. Because it was intentionally crafted relatively vaguely, will this be enough to allow Trump to bypass the Constitution and implement this plan.

Eliana Rose said...

I think this is an insane claim by Trump. You touched on Trump’s repeated calls to end birthright citizenship but it’s also important to note that this aligns with his broader anti-immigrant narrative, which has been a big part of his campaign (especially immigrants from Mexico and South American countries). By targeting birthright citizenship, he challenges a core element of U.S. identity and immigration law, often framing the debate around the idea that immigrants, particularly those from minority backgrounds, are a threat to the country. While legal challenges would likely prevent this from succeeding, the rhetoric alone can fuel division and perpetuate harmful stereotypes, making immigrant communities feel marginalized and under attack. This strategy, even if unsuccessful, can have lasting impacts on national discourse.

Charlotte said...

I'm less concerned that Donald Trump will actually override the 14th amendment, but more concerned with the implications of him wanting to do so. I think it's also important to note the history of this amendment. Ratified in 1868, the 14th amendment was created as a keystone for promoting equality, particularly for minorities and Black Americans. While Trump's focus is on eliminating birthright citizenship, this proposal feels like a step backward. For 155 years, this right has served as a symbol of hope for families seeking safety or stability. So not only is pursuing this a waste of energy (that could be going to more crucial issues) but it will serve to alienate vulnerable communities.

Sou Matsumoto said...

I have to agree with you, Kaz. This is definitely an overstep of his power that he should not be doing. You make a good point about his goal being something political and probably a bit personal instead of managing the federal government like he should.

Sou Matsumoto said...

You bring up a good point about immigrants allowing America to prosper this much. Immigrants are what make America, America. Bringing up America's history was something that I hadn't thought about, but it is an interesting point and a great one, too.

Sou Matsumoto said...

He has something out against immigrants and is set on deporting them which is a sad sight to see in a country that prides itself with diversity and opportunity for immigrants. Along with having a high approval rating, if he even tries to push for this it will definitely go down because of his actions stating that he hasn't changed.

Sou Matsumoto said...

I do wonder what Trump's goals really are and like you said are contradicting each other. Maybe its just something to look good maybe not but we won't know for sure until more information is out. The founders did a great job at creating this government and is the reason why it has stayed mostly the same for this long and I hope it stays this way.

Triana Khalil-Sanchez said...

I think it is ridiculous that trump is even trying to do this. The 14th amendment guaranteed birthright citizenship, and attempting to override it through executive action demonstrates a complete disregard of constitutional boundaries. While his efforts are very unlikely to actually succeed because of the rigorous amendment processes, it creates a lot of division and targets vulnerable immigrant communities. It is very important that checks and balances prevents any overreach like threatening the people's fundamental rights. Policies should really be focusing on uniting and strengthening the nation and not tearing things apart.

Evan Prock said...

The idea that you pointed out, that it's strategic to attempt this at the start when he has a guaranteed high approval rating, is very interesting. This idea assumes that removing birthright citizenship would lower his approval rating, and if so, he would essentially be using his approval as a fuel. You also mention in the article that the only way to achieve this is through a new amendment to override the 14th, which is the obvious way to do this. However, it is possible that Trump could try and simply reinterpret the 14th amendment in his favor.

Madelyn Cody said...

I think it is extremely concerning that Trump even thinks to abolish birthright citizens, a pillar of American democracy and equality. All individuals born in the US are guaranteed citizenship through the 14th, altering this would just be completely immoral and a disregard to boundaries. Trump has clearly shown a lack of respect for the procedures that defend our liberties and rights, by attempting to change constitutional protections that every American citizen is guaranteed to receive. Trump's continuous persistence for pushing this, reflects his idea of getting around the checks and balances system which is necessary to our political system. It is unfair and completely disrespectful for Trump to attempt to get around these constitutional boundaries set for the safety and liberty for every citizen in this country.

Pietra said...

While I don't think Trump will be able to go through all steps necessary to amend the constitution, and ban birthright citizenship, the fact that he is planning on doing so is concerning regarding several moral and economic aspects of the government, but also from a socioeconomical stance. Prices are inflating, education is increasing, and so is access to birth control. Considering these factors, child birth rates are quickly decreasing. If birthright citizenship no longer exists, decades from now, the number of retired people will most likely exceed the number of people in the working class. This poses some obvious issues to the structure and functioning of the country. However, Trump and most of his voters simply do not have to think about this factor since they will not be around when that time inevitably comes.