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American Focus > Blog > Politics > Trump’s plan to end birthright citizenship could be decided by the Supreme Court
Politics

Trump’s plan to end birthright citizenship could be decided by the Supreme Court

Last updated: December 14, 2024 9:15 am
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Trump’s plan to end birthright citizenship could be decided by the Supreme Court
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Donald Trump’s team is currently working on an executive order to put an end to birthright citizenship for the children of undocumented immigrants. This move is seen as a crucial step in their strategy to bring the issue before the Supreme Court. The potential executive order would exclude the children of undocumented immigrants and short-term visitors from the right to citizenship by birth that is guaranteed under the 14th Amendment. While the specifics of the order are still unclear, there are various ways in which Trump could implement this, such as directing agencies to deny passports, Social Security numbers, and public benefits to children born to undocumented parents.

Implementing such a measure would not be without its challenges, as pro-immigration groups and civil rights organizations are expected to immediately challenge any action taken by Trump. However, conservative immigration groups are hopeful that this issue will eventually make its way to the Supreme Court, where they believe the ruling will be in their favor. Hans von Spakovsky, a legal expert at the Heritage Foundation, believes that the Supreme Court will uphold Trump’s actions when they review the issue.

Trump’s plan to end birthright citizenship is setting the stage for a significant legal battle, one that could reshape the immigration system. Despite lacking details on how he plans to bypass the 14th Amendment, Trump has reiterated his commitment to ending birthright citizenship on his first day in office. Birthright citizenship has its roots in the post-Civil War era when Congress sought to grant citizenship to children of formerly enslaved individuals. The accepted interpretation today is that any child born in the U.S. is automatically a citizen, regardless of their parents’ legal status.

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Conservative immigration groups argue that the 14th Amendment’s language regarding being “subject to the jurisdiction thereof” has been misinterpreted, particularly in the case of children born to undocumented immigrants. While the Supreme Court has never directly ruled on this issue, the possibility of legal challenges could prompt the court to take up the matter. With the recent surge in immigration to the U.S., the debate over birthright citizenship has gained prominence.

The hope among restrictionists is that the Supreme Court, now with three Trump-appointed justices, will support their interpretation of the 14th Amendment. They anticipate a lengthy legal battle ahead to achieve this goal. Despite the uncertainty surrounding the outcome, conservative groups are prepared for a protracted fight to establish what they believe is the true intent behind the birthright citizenship provision.

As President Trump approaches the end of his first term, his stance on immigration continues to be a hot-button issue. In a recent interview, he mentioned that not all immigration issues will be resolved in the first 100 days of his administration, hinting at a more complex and drawn-out process ahead.

One of the key points raised in the interview was Trump’s intention to end birthright citizenship, a move that has sparked controversy and debate. At the same time, he also expressed a willingness to find a way for individuals brought to the U.S. illegally as children to stay in the country. This group, known as Dreamers, has been a focal point of the immigration debate for years.

However, immigration advocates remain skeptical of Trump’s intentions, citing his past actions and statements as evidence of his hardline approach to immigration. Despite the Supreme Court blocking his efforts to rescind the Deferred Action for Childhood Arrivals (DACA) program, they fear that Trump’s proposed compromises may come at a steep price.

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Beatriz Lopez, co-executive director of the Immigration Hub, expressed concerns that Trump’s offer to grant citizenship to Dreamers may be a ploy to push through more extreme measures, such as deporting their parents and millions of other undocumented individuals. She likened it to a “ransom letter,” highlighting the potential consequences of agreeing to Trump’s terms.

As the nation braces for potential changes to the immigration system under a second Trump administration, pro-immigration groups are ramping up their efforts to protect vulnerable communities. From legal analysis to grassroots organizing, these advocates are preparing for a long and challenging road ahead.

While Trump’s comments may offer a glimmer of hope for some immigrants, the underlying complexities of his immigration policies suggest that the path to reform will be anything but straightforward. As the debate rages on, it remains to be seen how Trump’s promises will play out in the months and years to come.

TAGGED:birthrightcitizenshipcourtdecidedplanSupremeTrumps
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