President-elect Donald Trump has expressed a strong desire to abolish birthright citizenship as part of his broader campaign promises aimed at strengthening immigration laws and redefining American identity.

Nevertheless, any effort to repeal this longstanding policy would likely face considerable legal hurdles.

Birthright citizenship ensures that any individual born on U.S. soil automatically receives American citizenship, irrespective of their parents’ immigration status. This long-standing policy applies to children of undocumented immigrants as well as those temporarily in the U.S. on visas for tourism or education.

Although not universally adopted by all nations, Trump and his supporters argue that birthright citizenship is often exploited and advocate for stricter requirements for citizenship eligibility.

In contrast, critics maintain that birthright citizenship is enshrined in the 14th Amendment of the Constitution, making any attempts to eliminate it particularly complex. Even if it were possible to repeal, many argue that it would have harmful consequences.

Read More: How the 14th Amendment’s Promise of Birthright Citizenship Redefined America

Let’s explore the concept of birthright citizenship, Trump’s views on it, and the potential implications of its repeal:

Trump’s Stance on Birthright Citizenship

During a recent NBC Meet the Press interview, Trump made it clear that he aims to abolish birthright citizenship once he assumes office.

“We’re going to put a stop to that because it’s absurd,” he asserted passionately.

Trump and his supporters claim that birthright citizenship encourages unauthorized immigration and fosters “birth tourism,” where expectant mothers travel to the U.S. solely to give birth, thus securing citizenship for their children before returning to their home countries.

“Simply crossing the border and having a child shouldn’t automatically grant citizenship,” stated Eric Ruark, research director for NumbersUSA, an organization that advocates for reduced immigration. They are in favor of reforms that would require at least one parent to be a legal resident or U.S. citizen for their offspring to gain citizenship automatically.

Conversely, others warn that the elimination of birthright citizenship could lead to significant challenges for the nation.

“One of our key strengths is that those born here are citizens, not part of an illegal underclass. This promotes better integration and assimilation of immigrants and their families,” said Alex Nowrasteh, vice president of economic and social policy studies at the pro-immigration Cato Institute.

A 2019 estimate from the Migration Policy Institute indicated that roughly 5.5 million children under 18 lived with at least one parent who was in the U.S. illegally, accounting for about 7% of the child population. The majority of these children were U.S. citizens.

The nonpartisan think tank cautioned during Trump’s 2015 presidential campaign that removing birthright citizenship could significantly increase the number of individuals living in the U.S. unlawfully, perpetuating a cycle of exclusion from social belonging for generations.

Legal Framework

After the Civil War, Congress ratified the 14th Amendment in July 1868, which ensured citizenship for all individuals, including African Americans.

The 14th Amendment 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 also specifies that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

However, the 14th Amendment hasn’t always guaranteed birthright citizenship for every individual. For example, it wasn’t until 1924 that Congress extended citizenship rights to all Native Americans born in the U.S.

Read More: What the Constitution Really Says About Birthright Citizenship

A landmark case regarding birthright citizenship arose in 1898 when the U.S. Supreme Court ruled that Wong Kim Ark, born in San Francisco to Chinese immigrants, was a U.S. citizen based on his birthplace. The federal government attempted to deny him reentry after a trip abroad, citing the Chinese Exclusion Act.

Some argue, however, that the 1898 ruling specifically applies to children of legal immigrants and does not necessarily extend to those born to parents lacking legal status or those visiting temporarily.

“That ruling is the leading case on this issue. It’s the only case of its kind,” noted Andrew Arthur, a fellow at the Center for Immigration Studies, which supports stricter immigration measures. “The legal question remains more ambiguous than most people realize.”

Some advocates for immigration restrictions argue that the phrase “subject to the jurisdiction thereof” in the 14th Amendment allows the U.S. to deny citizenship to children born to individuals in the country without legal status. Trump reiterated this interpretation in a 2023 announcement regarding his intentions to end birthright citizenship if reelected.

Possible Actions Trump Might Take and Their Feasibility

Trump did not elaborate on his plans for abolishing birthright citizenship during his recent interview.

When asked about how he might circumvent the 14th Amendment through executive action, Trump replied, “We’re going to need to change it. We might want to consult the public. But we have to put an end to it.” When pressed further about the possibility of issuing an executive order, he stated, “if we can, through executive action.”

On his campaign website in 2023, Trump indicated that he would issue an executive order on his first day in office, mandating that federal agencies require at least one parent to be a U.S. citizen or lawful permanent resident for their future children to automatically receive U.S. citizenship.

The campaign further clarified that this executive order would state that children of individuals living in the U.S. illegally “should not be eligible for passports, Social Security numbers, or certain taxpayer-funded welfare benefits.”

Such actions would almost certainly result in legal challenges.

Nowrasteh from the Cato Institute stressed that the law explicitly states that birthright citizenship cannot be revoked by executive order, although Trump may still try to pursue this through the courts.

“I don’t take his claims very seriously. He has been making these assertions for almost a decade,” Nowrasteh remarked. “During his previous presidency, he made no headway on this issue. The law and judicial system largely oppose his interpretation that children of illegal immigrants born in the U.S. are not citizens.”

While Trump could lobby Congress to pass a law to end birthright citizenship, such legislation would likely face significant constitutional scrutiny.

—Santana reported from Washington. Associated Press reporter Elliot Spagat in San Diego contributed to this report.