As Americans prepare for Inauguration Day just over one month from now, the national focus is once again turning to President-elect Trump’s plans to end the practice of birthright citizenship—a crucial component of his plan to end the border crisis and restore national sovereignty.
In May 2023, five years after Trump first floated the idea of ending birthright citizenship—which automatically grants U.S. citizenship to children born to illegal aliens on American soil—then-candidate Trump officially announced his plan to formally stop the practice upon his return to the White House in January 2025, which is now eliciting significant attention in the media and the Washington, D.C. political class.
“This policy is a reward for breaking the laws of the United States and is obviously a magnet, helping draw the flood of illegals across our borders,” Trump stated in a policy video. “The United States is among the only countries in the world that says that even if neither parent is a citizen nor even lawfully in the country, their future children are automatic citizens the moment the parents trespass onto our soil. As has been laid out by many scholars, this current policy is based on a historical myth and a willful misinterpretation of the law by the open borders advocates.”
As Trump notes in the video, most legal scholars openly acknowledge that the constitutional basis for birthright citizenship is virtually nonexistent. As Hillsdale College professor and former Trump White House official Michael Anton put it in a 2018 Washington Post op-ed, “The entire case for birthright citizenship is based on a deliberate misreading of the 14th Amendment.” He continued: “The purpose of that amendment was to resolve the question of citizenship for newly freed slaves,”—but it has since been distorted by progressives and broadened beyond its original scope.
The legality of birthright citizenship, Anton wrote, is an “absurdity—historically, constitutionally, philosophically and practically.”
Proponents of birthright citizenship often insist that efforts to outlaw the practice are unconstitutional because the Supreme Court previously ruled in its favor. But as legal scholar Edward Erler noted in a 2015 op-ed, “there has never been an explicit holding by the Supreme Court that the children of illegal aliens are automatically accorded birthright citizenship.”
In the 1898 case Wong Kim Ark, which liberals often cite as proof of the supposed constitutionality of birthright citizenship, the Court ruled that children of legal immigrants were entitled to birthright citizenship under the 14th Amendment, which holds that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The key phrase here is “subject to the jurisdiction thereof.” In other words, the Court’s ruling did not apply to illegal aliens – meaning the president likely has the legal authority through executive order to end birthright citizenship for the children of illegal aliens.
“Such an order would, of course, immediately be challenged in the courts,” Anton stipulated in his Post op-ed. “But officers in all three branches of government—the president no less than judges—take similar oaths to defend the Constitution. Why shouldn’t the president act to defend the clear meaning of the 14th Amendment?”
In his May 2023 policy video, Trump pledged to do precisely this when he returns to the Oval Office as the 47th President.
“I will sign an executive order making clear to federal agencies that under the correct interpretation of the law, going forward, the future children of illegal aliens will not receive automatic U.S. citizenship,” Trump said. “My policy will choke off a major incentive for continued illegal immigration, deter more migrants from coming, and encourage many of the aliens Joe Biden has unlawfully let into our country to go back to their home countries.”
Already, the conservative legal movement is preparing to fight back against the left’s inevitable challenges to the incoming Trump administration’s attempts to end the practice. Judge James Ho of the United States Court of Appeals for the Fifth Circuit, who was appointed by President Trump in 2018 and is widely considered to be a Supreme Court contender should a High Court vacancy arise during Trump’s second term, has stated that “invading aliens” should not be entitled to birthright citizenship.
“Birthright citizenship obviously doesn’t apply in case of war or invasion. No one to my knowledge has ever argued that the children of invading aliens are entitled to birthright citizenship,” he said in a recent interview with Reason.
“It’s like the debate over unlawful combatants after 9/11. Everyone agrees that birthright citizenship doesn’t apply to the children of lawful combatants,” he continued. “And it’s hard to see anyone arguing that unlawful combatants should be treated more favorably than lawful combatants.”
Of course, it remains unclear whether other judges who may hear challenges to a potential Trump executive order on the matter will accept Ho’s line of reasoning if they are forced to grapple with the issue next year.
But as Donald Trump prepares to take the oath of office less than two months from now, debates over the legality and political practicality of ending birthright citizenship are almost certain to intensify. And come January, in spite of legal challenges, the president-elect could very well be in a position to finally end the practice and remove a major incentive for illegal border crossings.
Aaron Flanigan is the pen name of a writer in Washington, D.C.
Granted this story was written a couple months prior to Trump’s landslide victory, it is 100% relevant to our current situation, post election…Judge Ho is 100 % spot on his opinion here, ” invading aliens ” children are NOT entitled to ” birthright citizenship “…
Way to go President Trump sticking with this fundamental piece of ” common sense “…
Vermont here,
Bill… :~)
It’s about time we ended this practice. The left always scream It’s unconstitutional. They always misinterpret every constitutional amendment they don’t agree with.
Birthright citizenship should only be GUARANTEED TO ACTUAL CITIZENS PERIOD!
I hope this EO is issued on Day 1of Trump’s Presidency!! We all know it will end up in court, so let’s get going on the slog to SCOTUS! Hopefully the challenge will quickly get escalated up the chain. And to make things easier on the people, all non-profits who sign on as amicus partners, or co-defendants get immediately audited and hopefully their non-profit status is rescinded! And the ACLU should have NO STATUS to file a lawsuit since they supposedly represent AMERICANS!! Unfortunately this “group” is NOT taxpayer supported but I’m betting their private contributors might have an issue with how much money they waste on illegals from OTHER countries. An audit will expose the truth.
Excellent !! The concept and use of “anchor babies” has always been as illegitimate as the DNC itself… and at great cost to legitimate US citizens.
I hope Trump sticks with the truth that children are definitely not entitled to birthright citizenship. Trump is president now, and he must stick with what he promised.
This practice is really bad at the border states. I’m familiar with this in Brownsville, TX. Happens all the time. I agree. This must absolutely be changed! If they want to be citizens, then do it legally.
It’s about time this practice stops.
I have wanted this for a long time!! I never thought this was a good thing, a good way to gain citizens!! If a child was born to an Ambassador to our country, do they automatically get dual citizenship?? Enforce the laws that are on the books but revisit the ones that aren’t working and change them!! Deporting the 10 + million individuals who entered our country illegally and are getting benefits that citizens aren’t getting, should happen as soon as possible!! The border should be closed immediately!!
When will people get it through their thick skulls that there is a HUGE difference between LEGAL and ILLEGAL immigration? No one has an issue with LEGAL immigration. The issue is with the ILLEGAL ALIENS crossing our border, squatting in our Country, and thinking they’re entitled to everything. These people are criminal invaders and should all be treated as such. They should not be allowed to have anything and the Citizens of the USA should NOT be supporting them in any way.
Had it be benefiting to republicans dems. would be screaming against the birthright citizenship ,hypocritical opportunists.
Remember wlhen Rodger Maris broke Ruths 60 home run record? Assuming you can eliminate illegal border crossings, put an asterisk (*) by anyone visiting/working here pregnant with a green card!
The key phrase–which DIMMs and their media flacks ignore is “under the jurisdiction of.” Illegals who sneak in the country are NOT under jurisdiction and are therefore NOT eligible for citizenship. Immigrants who have fulfilled all legal requirements ARE under jurisdiction and eligible for citizenship.
Ending the practice of Birthright Citizenship for anyone other than the children of Legal Citizens is a must. Actually, I am surprised that it is still used for illegals who unlawfully come to our country and have a child, which then allows that whole family, their many extended family members to come to the United States of America under the policy called Chain Migration.
Two things: Each of which must be supported by clear US Law, not just an executive order from the sitting president that can then be overturned by the next president on day one.
End Birthright Citizenship for anyone, any couple not legal US Citizens.
Modify the Chain Migration policy to apply to only immediate family members and then only if they are closely vetted and will be fully supported by their sponsoring relative. No more massive Government handouts at taxpayer expense to massive family groups without a strict vetting and approval process.
It needs to be a law, not an executive order.
What the article fails to mention is that this will cut a LOT of government funds that currently end up in the hands of illegals. It’s those anchor babies that “qualify” illegals’ families for benefits on the presumption that the children are US citizens and thus eligible for funds from the various programs.
It is obvious that birthright citizenship has been used by our enemies to plant their pregnant wives here to deliver their babies so they can claim BRC and then later get all their families here. These are the people who we see favors their native country & protests against America that we are seeing now. The ramification of BRC is very bad for our country and should never happen, because our enemies are using it.
Birthrights for children of LEGAL immigrants, although not yet citizens, I can get behind. Illegals, NO. Implementing this correct policy will stop the flood. Oh, and a wall, and the rights of the immigration and enforcement officers to do their job. We can fix this and this change will go a long way in doing so.
That was his intention, the only way to get it to the courts.
The fact that this was all said BEFORE the election tells it all, Americans want this kind of authority in the White House. No more trying to buy votes by letting everyone in.
Read the 14th Amendment & decide for yourself. It is up to Legislative branch to change this and not the pen of executive branch. Everyone has to be born somewhere & birth certificate records that location & does this article want to stop that record keeping also.
Ending the practice of Birthright Citizenship for anyone other than the children of Legal Citizens is a must. Actually, I am surprised that it is still used for illegals who unlawfully come to our country and have a child, which then allows that whole family, their many extended family members to come to the United States of America under the policy called Chain Migration.
Two things: Each of which must be supported by clear US Law, not just an executive order from the sitting president that can then be overturned by the next president on day one.
US citizenship should only be automatic if at least one parent is a US Citizen or the parents are in the US legally, self supporting for a minimum number of years – maybe 2-5. That way we know they did not come here already pregnant.
Well written article, in my opinion. I agree with his interpretation of the 14th Amendment, it does not grant citizenship to babies born here to illegals (Aliens) migrants, nor to the tourists that come in with a passport to deliver their babies.
If Birthright Citizenship is reversed , then OUR Birth Certificates will no longer be proof of OUR citizenship .
So, the question is , how would OUR own citizenship be CERTIFIED ?
Birthright Citizenship is the NORMAL way to go . Therefore , the 14th Amendment is as important to each one of us today (including you , the reader) as it was when it was enacted and ratified after the Civil War .
Babies born to illegal aliens are citizens of the United States . AND , they have ALL the rights that you and me have .
BTW, babies are guilty of nothing . And, therefore have no criminal records .
We absolutely must finish the wall . Democrats played a cruel hoax on the immigrants . The Democrats had no beneficial intent for the immigrants . Instead , the Democrats intended only to use the immigrants as pawns to replenish their ‘plantation’ system of government dependency (which ensures votes for Democrats) . AND , to provide live bodies to be counted in the next Census in order to create more Congressional Districts in Blue States and in Blue cities in Red States .
Do you really want to give some future Democrat court the power to ‘find’ that YOU are not a citizen ?
If Birthright Citizenship is reversed , then OUR Birth Certificates will no longer be proof of OUR citizenship .
So, the question is , how would OUR own citizenship be CERTIFIED ?
Birthright Citizenship is the NORMAL way to go . The 14th Amendment is as important to each one of us today (including you , the reader) as it was when it was enacted and ratified after the Civil War .
Babies born to illegal aliens here in the U.S. are citizens of the United States . AND , they have ALL the rights that you and me have .
BTW, babies are guilty of nothing . And, therefore have no criminal records .
We absolutely must finish the wall . Democrats played a cruel hoax on the immigrants . The Democrats had no beneficial intent for the immigrants . Instead , the Democrats intended only to use the immigrants as pawns to replenish their ‘plantation’ system of government dependency (which ensures votes for Democrats) . AND , to provide live bodies to be counted in the next Census in order to create more Congressional Districts in Blue States and in Blue cities in Red States .
Do you really want to give some future Democrat court the power to ‘find’ that YOU are not a citizen ?