President Pledges to Repeal Birthright Citizenship

“So-called Birthright Citizenship, which costs our Country billions of dollars and is very unfair to our citizens, will be ended one way or the other. It is not covered by the 14th Amendment because of the words ‘subject to the jurisdiction thereof.’ Many legal scholars agree,” President Donald Trump tweeted on Wednesday, October 31. His statements provoked opposition from members of both parties and many citizens who would be affected by this proposal.

Birthright citizenship is so deeply ingrained in the way that I look at the world. If you’re born here, you’re a citizen here.

— Ms. Paula Russo

Since the start of his campaign, President Trump has claimed that an end to birthright citizenship does not need to be accomplished through a constitutional amendment; instead, he believes an executive order would be sufficient. The Trump administration has not specified if it would revoke citizenship of individuals born on United States soil to non-citizen residents or undocumented immigrants.

Numerous Republicans have spoken out against President Trump’s stance, citing the Constitution’s 14th Amendment, which 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.” Some claim that the Amendment grants citizenship only to the children of those who legally reside in the nation, while others argue that, since undocumented residents are still subject to U.S. law (i.e. jurisdiction), the 14th Amendment also grants citizenship to their children. Paul Ryan (R-WI), speaker of the House of Representatives, said, “You cannot end birthright citizenship with an executive order. We didn’t like it when Obama tried changing immigration laws via executive action, and obviously, as conservatives, we believe in the Constitution.”

I consider myself an American because I was born here and grew up here. And for that to be taken away because my parents aren’t from here would be devastating.

— Amanda Maia '19

The current U.S. legal system contains a multi-step process for proposing a constitutional amendment. In order to repeal or adjust the 14th Amendment, President Trump would need a two-thirds vote from both the House of Representatives and the Senate, and then ratification by the legislatures of three-fourths of the states. In regards to Trump’s proposed changes to the Constitution, Cornell University Law School professor Stephen Yale-Loehr said, “I think that’s almost impossible.”

While the chances may be slim, should President Trump’s current plan be ratified into law, it would affect numerous immigrants and their children across the country. According to the Migration Policy Institute, “Repealing birthright citizenship would double the unauthorized share of the under-18 child population from its current 2 percent by 2050[,] under our most conservative scenario.”

On campus, many community members voiced concerns with the President’s plan. Amanda Maia ’19, a daughter of Brazilian immigrants, said, “Both of my parents are immigrants, and I’m an American. I consider myself an American, because I was born here and grew up here. And for that to be taken away because my parents aren’t from here would be devastating. I would feel alienated.”

Similarly, Ms. Paula Russo, instructor in history, said, “To me, the idea that your parents have to be citizens for you to get citizenship doesn’t make sense. Birthright citizenship is so deeply ingrained in the way that I look at the world. If you’re born here, you’re a citizen here.”