The Fourteenth Amendment to the United States Constitution, ratified in 1868, states: “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.” This amendment granted citizenship to formerly enslaved people and their descendants and has since become a cornerstone of American citizenship law. Critics argue that the amendment was meant to grant citizenship only to freed slaves, not to children of undocumented immigrants. However, the Supreme Court has never ruled on this interpretation, and most legal scholars maintain that it encompasses all persons born on U.S. soil, regardless of their parents’ immigration status.
The debate surrounding birthright citizenship has been reignited in recent years due to concerns about national security and the increasing number of immigrant families entering the country. Proponents argue that repealing birthright citizenship would not only deprive millions of children born in the U.S. of their citizenship but would also create significant constitutional challenges. They contend that doing so would require amending the Fourteenth Amendment—a process that has never been achieved in response to any other contentious issue—and could trigger a political and social crisis.
Advocates for ending birthright citizenship, including President Trump, propose a constitutional amendment to prevent the automatic granting of citizenship to the U.S.-born children of undocumented immigrants. They argue that this policy would disincentivize unauthorized immigration and ensure that these children are raised with a stronger connection to their parents’ homeland. Opponents, however, argue that changing the Constitution to strip U.S.-born individuals of their citizenship rights would be a slippery slope toward undermining other constitutional protections.
