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Can birthright citizenship be repealed? Breaking down Trump’s proposal

What does the 14th Amendment say about birthright citizenship? Here's what you need to know.

Can birthright citizenship be repealed? Breaking down Trump’s proposal

What does the 14th Amendment say about birthright citizenship? Here's what you need to know.

If you were born in America, citizenship is your birthright. You promised to end birthright citizenship on day one. Is that still your plan? Yes, absolutely. We're going to end that because it's ridiculous. It's almost certainly going to be challenged in the courts. The 14th Amendment to the Constitution guarantees birthright citizenship in the US, meaning any child born in the country is *** citizen with some very limited exceptions. Following the Civil War in 1868, the 14th Amendment was ratified, but it's in the spotlight now with critics calling for its end. President-elect Donald Trump said he would issue an executive order to end birthright citizenship. Under Biden's current policies, even though these millions of illegal border crosses have entered the country unlawfully, all of their future children will become automatic US citizens. Can you imagine? They'll be eligible for welfare, taxpayer funded health care, the right to vote, chain migration, and countless other government benefits. Senator Tim Kaine, *** Democrat from Virginia, recently took to the floor to remind fellow lawmakers of the 14th Amendment's history. Section 1 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 resign. This protection overturned the Supreme Court's ruling in the 1857 case Dred Scott v. Sanford, which had ruled that enslaved people were not citizens of the US and therefore did not have the same protections as citizens. Dred Scott was enslaved trying to fight his way to freedom as the Civil War came to *** close with President Lincoln assassinated. And with slavery abolished by the 13th Amendment. The reunited nation realized it needed to fix the damage done by the Dredsky case. The Supreme Court further defined citizen in the 1898 ruling of United States v. Wong Kim Ark, born in San Francisco to Chinese immigrants, Wong Kim Ark was denied reentry to the US after visiting his parents in China. He was denied on grounds that he was not considered *** US citizen under the Chinese Exclusion Act. The court ruled in Kim Ark's favor, stating he was *** citizen because he was born on US soil. This landmark decision helped clearly define the Supreme Court's interpretation of *** citizen. Birthright citizenship means that you are *** US citizen if you are born in America. Your right to citizenship does not depend upon the status of your parents. And from then on, millions of people across America have benefited from this protection. Dred Scott, Wong Kimmar. And Donald Trump all meet that test. According to the Pew Research Center, 4.4 million US born children lived with an unauthorized immigrant parent in 2022. The population is estimated to have grown since then. This concept of just sole, the right of the soil, is shared with dozens of other countries. 75 countries in the world have some form of birthright citizenship, of which over 30 have unrestricted birthright policies like the United States. So can *** president end birthright citizenship? The straightforward answer is not likely. No president has the authority to eliminate or modify *** constitutional amendment. If they were to issue an executive order, it would be unconstitutional. Changing *** constitutional amendment would need extensive support from lawmakers. The process is pretty laborious. It's pretty long and difficult. Amending the Constitution requires 2/3 support in both houses of Congress. And the ratification by 3/4 of state legislatures. Republican Senator Lindsey Graham is pushing *** bill to get rid of birthright citizenship by adding requirements to the parents' legal status in order to gain citizenship. In *** 2023 campaign video, Trump previewed his intentions on the matter. My new term in office, I will sign an executive order making clear to federal agencies that under the correct interpretation of the law. Going forward, the future children of illegal aliens will not receive automatic US citizenship. Trump said he would also stop pregnant women from entering the US to give birth, *** practice sometimes referred to as birth tourism. If in the off chance the 14th Amendment does change, some experts say it would create new issues. What we would do is essentially create an entire class of stateless people, an entire class of stateless children. These children can't be deported anywhere they're only citizens of the United States so we have people here who would not have the full rights and privileges of being *** US citizen that would cause economic instability, social instability.
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Can birthright citizenship be repealed? Breaking down Trump’s proposal

What does the 14th Amendment say about birthright citizenship? Here's what you need to know.

Birthright citizenship, the concept that anyone born on U.S. soil is automatically a citizen, is protected under the 14th Amendment to the Constitution.Critics – including President-elect Donald Trump – are pushing to get rid of the law altogether. So, can they? What is birthright citizenship? Birthright citizenship guarantees that every child born "within the jurisdiction" of the United States is a U.S. citizen, regardless of their parents' legal status. This law is protected under Section 1 of the 14th Amendment to the Constitution, which was ratified in 1868. It 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."This protection comes with very limited exceptions, which include children born in the U.S. with parents who are foreign diplomats, since they are not "subject to the jurisdiction" of the United States. Added into the Constitution following the Civil War, the 13th and 14th Amendments overturned the Supreme Court's ruling in the 1857 case Dred Scott v. Sanford, in which the court denied citizenship to enslaved people. The Supreme Court further defined "citizen" in the 1898 ruling of United States v. Wong Kim Ark. Born in San Francisco to Chinese immigrants, Wong Kim Ark was denied reentry to the U.S. after visiting his parents in China. He was denied on grounds that he was not considered a U.S. citizen under the Chinese Exclusion Act. The court ruled in Kim Ark's favor, stating he was a citizen because he was born on U.S. soil. What has Trump said on birthright citizenship?President-elect Donald Trump said he plans to end birthright citizenship as one of his first tasks when he becomes president on Jan. 20. In a 2023 campaign video posted to his campaign website, Trump said he would sign an executive order to stop federal agencies from granting automatic U.S. citizenship to children of undocumented immigrant parents. Trump's website states the order would also deny granting the children of undocumented immigrant parents automatic citizenship, passports, Social Security numbers or the eligibility for certain taxpayer funded welfare and benefits.The order would also "direct federal agencies to require that at least one parent be a U.S. citizen or lawful permanent resident for their future children to become automatic U.S. citizens." Trump also said the order will stop "birth tourism," a term sometimes used to refer to pregnant women who cross the border into the United States to give birth. Sen. Lindsey Graham is also pushing a bill known as the Birthright Citizenship Act of 2024, which calls for similar changes to the amendment, including requiring that one of the child's parents is already a U.S. citizen. So, can Trump end birthright citizenship? Some legal experts say it's not likely. The president cannot repeal part of the Constitution through executive order. Some experts say it would most likely be immediately challenged in the courts.Amending the Constitution requires two-thirds vote in both the House and Senate, as well as the ratification by three-quarters of the states. Legal expert John Day previously spoke with Hearst-television sister station KOAT on what the process of amending the Constitution would entail. "The process is pretty laborious, it's pretty long and difficult," Day said. "You got to basically put a constitutional convention, you got to put states on board. It's most certainly going to be challenged in the courts and almost certainly going to lose. Based on the history of challenges to the 14th Amendment and the language of the U.S. Constitution." If, hypothetically, the 14th Amendment does change, it could create new issues, according to Sophia Genovese, of the Immigration Law Center. "If we follow the line of logic of getting rid of birthright citizenship, what we would do is essentially create an entire class of stateless people, an entire class of stateless children," Genovese said. "These children cannot be deported anywhere. They’re only citizens of the United States. So we have people here who will not have the full rights and privileges of being a U.S. citizen. It would cause economic instability, social instability."

Birthright citizenship, the concept that anyone born on U.S. soil is automatically a citizen, is protected under the 14th Amendment to the Constitution.

Critics – including President-elect Donald Trump – are pushing to get rid of the law altogether.

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So, can they?

What is birthright citizenship?

Birthright citizenship guarantees that every child born "within the jurisdiction" of the United States is a U.S. citizen, regardless of their parents' legal status.

This law is protected under Section 1 of the 14th Amendment to the Constitution, which was ratified in 1868. It 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

This protection comes with very limited exceptions, which include children born in the U.S. with parents who are foreign diplomats, since they are not "subject to the jurisdiction" of the United States.

Added into the Constitution following the Civil War, the 13th and 14th Amendments overturned the Supreme Court's ruling in the 1857 case Dred Scott v. Sanford, in which the court denied citizenship to enslaved people.

The Supreme Court further defined "citizen" in the 1898 ruling of United States v. Wong Kim Ark.

Born in San Francisco to Chinese immigrants, Wong Kim Ark was denied reentry to the U.S. after visiting his parents in China. He was denied on grounds that he was not considered a U.S. citizen under the Chinese Exclusion Act.

The court ruled in Kim Ark's favor, stating he was a citizen because he was born on U.S. soil.

What has Trump said on birthright citizenship?

President-elect Donald Trump said he plans to end birthright citizenship as one of his first tasks when he becomes president on Jan. 20.

In a 2023 campaign video posted to his campaign website, Trump said he would sign an executive order to stop federal agencies from granting automatic U.S. citizenship to children of undocumented immigrant parents.

Trump's website states the order would also deny granting the children of undocumented immigrant parents automatic citizenship, passports, Social Security numbers or the eligibility for certain taxpayer funded welfare and benefits.

The order would also "direct federal agencies to require that at least one parent be a U.S. citizen or lawful permanent resident for their future children to become automatic U.S. citizens."

Trump also said the order will stop "birth tourism," a term sometimes used to refer to pregnant women who cross the border into the United States to give birth.

Sen. Lindsey Graham is also pushing a bill known as the Birthright Citizenship Act of 2024, which calls for similar changes to the amendment, including requiring that one of the child's parents is already a U.S. citizen.

So, can Trump end birthright citizenship?

Some legal experts say it's not likely.

The president cannot repeal part of the Constitution through executive order. Some experts say it would most likely be immediately challenged in the courts.

Amending the Constitution requires two-thirds vote in both the House and Senate, as well as the ratification by three-quarters of the states.

Legal expert John Day previously spoke with Hearst-television sister station KOAT on what the process of amending the Constitution would entail.

"The process is pretty laborious, it's pretty long and difficult," Day said. "You got to basically put a constitutional convention, you got to put states on board. It's most certainly going to be challenged in the courts and almost certainly going to lose. Based on the history of challenges to the 14th Amendment and the language of the U.S. Constitution."

If, hypothetically, the 14th Amendment does change, it could create new issues, according to Sophia Genovese, of the Immigration Law Center.

"If we follow the line of logic of getting rid of birthright citizenship, what we would do is essentially create an entire class of stateless people, an entire class of stateless children," Genovese said. "These children cannot be deported anywhere. They’re only citizens of the United States. So we have people here who will not have the full rights and privileges of being a U.S. citizen. It would cause economic instability, social instability."