US President-elect Donald Trump vowed to eliminate birthright citizenship at the start of his potential second term, although it won’t be easy for him, experts indicate.
During a televised discussion on NBC’s “Meet the Press“, when questioned about his plans regarding birthright citizenship – which grants citizenship to those born in the US – Trump indicated the need for change. “Absolutely,” he responded.
When queried about navigating around the 14th Amendment, he suggested consulting the public, Fox5 reported.
Contrary to Trump’s assertion, the US is not unique in offering birthright citizenship. Both the US and Canada, among G7 nations, provide this right, with several other nations offering variations of it.
This proposal isn’t novel for Trump, who previously suggested it in 2018. He mentioned that whilst intending to address this during his first term, the COVID-19 crisis took priority.

What is Amendment 14?

The 14th Amendment, established post-Civil War to ensure citizenship for freed slaves, 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.”
It further includes crucial due process and equal protection clauses: “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.”

Legal experts suggest road not easy for Trump

Legal experts, including the ACLU’s Immigrants’ Rights Project director, indicate that altering birthright citizenship would require a constitutional amendment, necessitating significant congressional support and state ratification, as per Fox5.
Geoffrey Hoffman from the University of Houston Law Center explains that arguments against birthright citizenship based on jurisdiction interpretation are invalid, as all non-diplomatic persons in the US are subject to its laws regardless of immigration status.
Any presidential executive order attempting to modify this right would face legal challenges and potentially violate multiple constitutional provisions, including Article 2 and laws regarding denaturalisation.