On Tuesday, the 2024 White House campaign of former President Trump announced that he plans to remove birthright citizenship. This proposal has been controversial, with it being challenged by legal experts and immigration advocates. This is not a new policy proposition as Trump has considered this option in the past. This announcement coincides with the Supreme Court case of United States v. Wong Kim Ark, which established the constitutional right to birthright citizenship 125 years ago.

The proposal seeks to remove birthright citizenship through executive order. The 14th Amendment grants citizenship to those born or naturalized in the United States and subject to the jurisdiction thereof. The interpretation of this amendment determines that it applies to children born in the United States, regardless of the immigration status of their parents. The interpretation was established in a 1898 Supreme Court case involving a US citizen with Chinese parents.

The 14th Amendment was enacted after the Civil War to guarantee equal rights to former slaves. Some immigration restrictionists argue that this law excludes the children of other groups, like undocumented immigrants, from its benefits. The Reconstruction Congress explained in 1866 that the narrow exception to birthright citizenship applied to the children of diplomats and Native American tribes. These children were under the jurisdiction of a separate sovereign and did not have to comply with all US laws. On the other hand, immigrants and their children living in the United States were and are required to follow all federal and state laws.

On Tuesday, the 2024 White House campaign of former President Trump announced that he plans to remove birthright citizenship. This proposal has been controversial, with it being challenged by legal experts and immigration advocates. This is not a new policy proposition as Trump has considered this option in the past. This announcement coincides with the Supreme Court case of United States v. Wong Kim Ark, which established the constitutional right to birthright citizenship 125 years ago.
The proposal seeks to remove birthright citizenship through executive order. The 14th Amendment grants citizenship to those born or naturalized in the United States and subject to the jurisdiction thereof. The interpretation of this amendment determines that it applies to children born in the United States, regardless of the immigration status of their parents. The interpretation was established in a 1898 Supreme Court case involving a US citizen with Chinese parents.
The 14th Amendment was enacted after the Civil War to guarantee equal rights to former slaves. Some immigration restrictionists argue that this law excludes the children of other groups, like undocumented immigrants, from its benefits. The Reconstruction Congress explained in 1866 that the narrow exception to birthright citizenship applied to the children of diplomats and Native American tribes. These children were under the jurisdiction of a separate sovereign and did not have to comply with all US laws. On the other hand, immigrants and their children living in the United States were and are required to follow all federal and state laws.

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