Could President Trump issue an executive order to abolish birthright citizenship?

President Donald Trump’s recent claims that he has the authority to end birthright citizenship through an executive order have sparked a heated debate. However, most constitutional scholars argue that such an action would be unconstitutional and likely to face legal challenges.

*The 14th Amendment*

The 14th Amendment to the United States Constitution, ratified in 1868, explicitly states that “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” ¹. This amendment was initially intended to grant citizenship to recently freed slaves, but it has also been interpreted to confer birthright citizenship on anyone born on American soil.

*Supreme Court Precedents*

The Supreme Court has consistently upheld the birthright citizenship provision of the 14th Amendment in numerous cases. In United States v. Wong Kim Ark (1898), the court ruled that a child born in the United States to Chinese immigrant parents was a United States citizen ¹. Additionally, in Plyler v. Doe (1982), the court affirmed that “no plausible distinction can be drawn between resident aliens whose entry into the United States was lawful and those whose entry was unlawful” [1).

*Limitations of Executive Orders*

While the President holds significant authority to issue executive orders, these orders must comply with existing laws and the Constitution. In this particular case, the prevailing scholarly opinion is that ending birthright citizenship requires a constitutional amendment. This amendment must be proposed by a two-thirds majority in both the House of Representatives and the Senate and subsequently ratified by three-fourths of the states.

*Conclusion*

My conclusion, while President Trump claims the power to terminate birthright citizenship through an executive order, the overwhelming consensus among constitutional scholars is that such an action would be unconstitutional and would likely face legal challenges. The 14th Amendment and Supreme Court precedents clearly establish that children born on United States soil are entitled to United States citizenship, regardless of their parents’ immigration status.