Donald Trump promises to eliminate birthright citizenship; Know what it means for Indians

By Deepu Mohan | First Published Dec 11, 2024, 2:50 PM IST

Donald Trump's vow to end birthright citizenship, which grants US citizenship to anyone born in the country, has ignited debate and faces significant legal obstacles.

Donald Trump's stance on birthright citizenship has been a contentious issue and he has promised to eliminate birthright citizenship, which grants automatic US citizenship to anyone born in the country, as soon as he takes charge. This policy has been in place for over a century and is protected by the 14th Amendment.

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Trump argues that birthright citizenship promotes illegal immigration and "birth tourism," where pregnant women travel to the US to give birth and secure citizenship for their child. He claims that "hundreds of thousands of people" comes to the US for "birth tourism" each year, although estimates suggest the actual number is significantly lower, ranging from 20,000 to 26,000 per year.

Despite his assertions, Trump's plan to end birthright citizenship faces significant legal hurdles. Most constitutional scholars agree that revoking birthright citizenship would require a constitutional amendment, which is a daunting task.

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According to 14th Amendment, ratified in 1868, anyone born in the US is a citizen. This amendment was crucial in ensuring equal rights for former slaves and their descendants. Some legal scholars, like John Eastman, argue that the 14th Amendment does not apply to children born to undocumented immigrants. However, this theory remains controversial, and many conservative legal experts have rejected it.

A 2019 report by the Migration Policy Institute sheds light on the significant consequences of repealing birthright citizenship. The data reveals that approximately 5.5 million children under the age of 18 live with at least one undocumented parent. The institute warns that repealing birthright citizenship would have far-reaching and devastating effects. By denying citizenship to children born in the US, a self-perpetuating class of individuals would be created, excluded from full social membership for generations.

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