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Trump's Plan to End Birthright Citizenship Faces Legal Hurdles

  • 11 Dec 2024 12:55 AM
  • Trump birthright citizenship, 14th Amendment, Trump immigration policies

President-elect Donald Trump has reiterated his plan to end birthright citizenship, a policy that grants U.S. citizenship to children born within the country, regardless of their parents' citizenship. This right, enshrined in the 14th Amendment for more than 150 years, could soon be under scrutiny after Trump takes office on January 20th.

Trump has called the practice "ridiculous," stating that the U.S. needs to "get it changed," and that "maybe we’ll have to go back to the people." Despite having raised the issue during his previous term, no significant changes were made.

The 14th Amendment grants citizenship to all persons born or naturalized in the U.S., which would require a constitutional amendment to remove birthright citizenship. This proposal is met with strong opposition, with critics arguing that birthright citizenship is being abused through "birth tourism" — when pregnant women travel to the U.S. to give birth so their children can obtain American citizenship.

Eliminating birthright citizenship would likely face significant legal challenges due to the Constitution, and such a move could create difficulties for American citizens trying to prove their citizenship without birth certificates.

Trump’s idea would impact millions, including approximately 1.6 million Indian-Americans who were born in the U.S. under the current law. While Trump has expressed support for stricter immigration controls, critics like Alex Nowrasteh of the Cato Institute believe his statements should be taken with caution, noting that he failed to advance this issue during his prior presidency.

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