President-elect Donald Trump has reiterated his plan to end birthright citizenship on “day one” of his second term, a move certain to face legal and constitutional hurdles. Speaking on NBC’s Meet the Press, Trump confirmed his intention to use executive action to restrict citizenship to individuals born in the U.S. with at least one parent who is a citizen or legal resident.
The proposal, rooted in a controversial interpretation of the 14th Amendment, contradicts the widely accepted understanding that U.S. citizenship is automatically granted to anyone born on American soil, with few exceptions like children of diplomats. Legal experts argue that such a change would require a constitutional amendment, a process involving approval by two-thirds of Congress and ratification by three-quarters of the states.
Trump’s plan, aimed at curbing immigration, would likely result in immediate legal challenges and is unlikely to survive judicial scrutiny. Critics, including constitutional scholars and prominent conservatives, have labeled the proposal unconstitutional. Judge James Ho of the 5th Circuit Court of Appeals, a potential Trump Supreme Court nominee, previously argued that the 14th Amendment clearly guarantees citizenship for children born in the U.S., regardless of their parents’ immigration status.
If implemented, the policy could complicate bureaucratic processes for all Americans, as proof of citizenship would require more than a birth certificate. Studies suggest the plan could also increase the number of undocumented immigrants, rather than reducing it.
This hardline stance on immigration contrasts with Trump’s stated willingness to negotiate protections for Deferred Action for Childhood Arrivals (DACA) recipients, signaling a mixed approach to immigration reform in his upcoming term.
