In a recent interview with NBC’s Kristen Welker on Meet the Press, President-elect Donald Trump reiterated his plan to abolish birthright citizenship in the US. His stance, which he has maintained for a number of years, is restated in this remark. A pillar of US citizenship legislation that has existed for more than 150 years would have to be dismantled in order to carry out this strategy. When asked if he would take action on his first day in office, Trump said, “Yeah, absolutely,” making it clear that he intended to terminate birthright citizenship. Anyone born inside US boundaries is automatically granted US citizenship under the 14th Amendment’s birthright clause, regardless of the immigration status of their parents.
While expressing a desire to avoid separating families, Trump also indicated a willingness to deport all members of families with undocumented immigrants, including those legally born as US citizens. This approach would effectively expel legal citizens to prevent family separations. The 14th Amendment to the US Constitution forms the legal basis for birthright citizenship. Its first section declares: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Details Of The Attempt
This provision explicitly grants citizenship regardless of parental immigration status, as confirmed by organizations like the American Immigration Council. Trump’s proposal faces significant legal hurdles. He suggested achieving his goal through executive action, though legal experts and politicians, including former Republican House Speaker Paul Ryan, have widely questioned the feasibility of ending birthright citizenship via executive order, citing the clarity of the 14th Amendment and the requirement for a lengthy constitutional amendment process.
Amending the Constitution requires a two-thirds majority vote in both the House and Senate, followed by ratification by three-fourths of the state legislatures. The current partisan makeup of Congress makes this extremely challenging. The implications of ending birthright citizenship would be far-reaching. The American Immigration Council highlights that all American parents would face a complex and costly process to prove their children’s citizenship, rendering birth certificates insufficient. Research from the Migration Policy Institute and Pennsylvania State University projects that eliminating birthright citizenship for children of unauthorized immigrants could swell the unauthorized population by 4.7 million by 2050. The widespread impact on families and the legal complexities underscore the monumental challenge of implementing Trump’s proposed policy change.
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How To Become A Citizen In The US
Currently, there are 4 ways to become a citizen in the USA
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Citizenship through Birth
Under United States law, any person born within the United States (including the territories of Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands) is automatically granted U.S. citizenship. There is an exemption for children of parents who are foreign diplomats or members of a sovereign Native American tribe. The Fourteenth Amendment to the U.S. Constitution states that:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
As most Americans are born on U.S. soil, this is clearly the post common of the ways to become a U.S. citizen. The next three paths address ways foreign nationals can obtain citizenship.
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Citizenship through Acquisition
In some circumstances, a child automatically “acquires” citizenship even though that child was born outside the United States. At least one parent needs to be a U.S. citizen at the time of the child’s birth and several other conditions must be met. When this child marries and has children, those children may also acquire U.S. citizenship at birth. The ways a child can become a U.S. citizen through acquisition generally include:
- Both parents were U.S. citizens
- One parent was a U.S. citizen
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Citizenship through Derivation
When a parent naturalizes, their children (under the age of 18 and living with the parent at the time) may “derive” U.S. citizenship automatically, provided they are also permanent residents. What’s more, a child who gets U.S. citizenship through derivation does not have to participate in a naturalization ceremony. Generally, foreign-born children under 18 automatically acquire U.S. citizenship if they meet these three requirements:
- The child must have U.S. lawful permanent resident status (“green card” holder);
- At least one parent must be a U.S. citizen; and
- The child must be residing in the United States in the legal and physical custody of the U.S. citizen parent.
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Citizenship through Naturalization
Naturalization refers to the process in which a person not born in the United States voluntarily becomes a U.S. citizen. For foreign-born persons, naturalization is the most common way to become a U.S. citizen. There are several requirements that must be fulfilled before an individual can apply for citizenship. Generally, applicants must be 18 years old and fall into one of the following three basic eligibility categories:
- 5 years as a permanent resident
- 3 years as a permanent resident who has lived in marital union with a U.S. citizen spouse for at least 3 years
- Qualifying service in the U.S. Armed Forces
Source: Al Jazeera
