President-elect Donald Trump has reignited his call to abolish birthright citizenship, describing the practice as “ridiculous” and pledging to work towards its elimination once he assumes office on January 20. This guarantee, enshrined in the US Constitution for over 150 years, grants citizenship to children born on American soil regardless of their parents’ nationality.
In an interview, Trump remarked, “We’re going to have to get it changed. We’ll maybe have to go back to the people. But we have to end it.” He had raised the issue during his first term but failed to make any significant progress.
The right to birthright citizenship is rooted in the 14th Amendment, which states: “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Legal experts suggest that any move to abolish this right would face substantial constitutional and legal challenges.
Critics of birthright citizenship, including Trump and his supporters, argue that the system is being exploited through “birth tourism,” where foreign nationals enter the US specifically to give birth, securing citizenship for their children.
“Simply crossing the border and having a child should not entitle anyone to citizenship,” said Eric Ruark, director of research for NumbersUSA, an organisation advocating for reduced immigration. Trump echoed similar sentiments, stating, “The only way you don’t break up the family is you keep them together and send them all back.”
However, opponents of this proposal caution against its implications. A 2011 factsheet by the American Immigration Council noted that removing birthright citizenship would complicate proving citizenship for all Americans. “Our birth certificates are proof of our citizenship. Without birthright citizenship, US citizens could no longer rely on them as evidence,” the report highlighted.
If birthright citizenship were eliminated, the impact would be widespread. According to a Pew Research analysis of the 2022 US Census, approximately 48 lakh Indian-Americans live in the United States, with 34% (16 lakh) born in the country. Under current law, these individuals are citizens, but their status could be jeopardised if Trump’s proposal succeeds.
Legal experts, however, remain sceptical of Trump’s ability to implement such a drastic change. Altering the Constitution would require a lengthy and complex amendment process, and executive efforts to bypass this would likely violate the 14th Amendment.
Many remain unconvinced of Trump’s commitment to this agenda. Alex Nowrasteh, vice president at the pro-immigration Cato Institute, commented, “I don’t take his statements very seriously. He has been saying things like this for almost a decade. He didn’t do anything to further this agenda when he was president before.”
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