Summary
Donald Trump’s pledge to end birthright citizenship faces major legal barriers, but experts say it’s slightly more conceivable now due to the conservative Supreme Court majority.
The 14th Amendment guarantees citizenship to anyone born in the U.S., and scholars argue Trump’s proposed executive action would likely be struck down.
Conservatives claim the amendment’s “jurisdiction” clause could exclude children of undocumented immigrants, though most experts disagree.
Ending birthright citizenship would require a constitutional amendment, an unlikely feat, and scholars warn it could revive caste-like inequality in the U.S.
Nowhere in the Constitution does it explicitly say, “anyone born on US territory automatically gets US citizenship.” That is the straightforward interpretation of the text that has been precedent for well over a century. But it’s not like the present court gives much credence to historical precedent. Hell, look at the 2nd Amendment. The idea that it grants a strong individual right to unrestricted firearm ownership is a very recent interpretation, historically speaking. Or look at the Emoluments clause, which Trump flagrantly violates. Conservative legal scholars already have an interpretation on the Constitution that would allow them to end birthright citizenship. All SCOTUS has to do is to endorse that interpretation.