Trump Plan To End Birthright
of undocumented immigrants, a monumental move the president-elect’s allies say is a key step in their long-term strategy: getting the issue before the Supreme Court.
The effect of Trump’s order would be to exclude the children of undocumented immigrants and short-term visitors to the U.S. from the right to citizenship by birth that is established under the 14th Amendment. And while there are few details on what exactly he would do and how sweeping the action would be, immigration restrictionists say Trump could do several things, including directing the State Department to refuse to issue passports to children without proof of the parents’ immigration status or the Social Security Administration to withhold Social Security numbers.
He could also direct agencies providing welfare and public benefits to U.S. citizens to deny these benefits to those claiming birthright citizenship, whose parents are in the country illegally. Details of the plan remain unclear, but it would deliver on a promise Trump has made over his entire political career: to restrict birthright citizenship.
Implementation would be no easy feat, but the Trump administration likely wouldn’t get far anyway — at least at first. Any move Trump makes to deny citizenship to children born in the United States to undocumented parents will be immediately challenged by pro-immigration groups and civil rights organizations. And conservative immigration groups are optimistic that the issue could eventually wind up before the nation’s highest court, which they hope will rule in their favor.
“What will happen is, the government will get sued, and it’ll go up to the Supreme Court, and we’ll finally get a final decision on this issue,” said Hans von Spakovsky, a senior legal and judicial studies fellow at the conservative Heritage Foundation. “The last case on this was 1898, so it’s a very long time ago. And I actually think when the Supreme Court looks at this, they will realize and uphold what Trump does.”
Already, Trump’s talk of ending birthright citizenship is setting the stage for one of the first major legal battles of his second term. And his effort could be one of his first major actions to drastically reshape the immigration system upon returning to office.
When asked about the plans, Trump’s transition team referred POLITICO to the president-elect’s comments during his interview with NBC News last weekend.
The president-elect has repeatedly said he plans to end birthright citizenship in the U.S. on Day One — reiterating this promise during the interview that aired Sunday — while providing no details about how he would get around the 14th Amendment of the Constitution.
