Trump's plan to end birthright citizenship faces big obstacle: The Constitution | Opinion
We must ensure that America remains a land of opportunity. Birthright citizenship is more than a legal doctrine; it is a reflection of America's commitment to diversity.
President-elect Donald Trump’s recent proposal to end birthright citizenship is a threat to the principle that the United States is the land of freedom, opportunity and equality.
America’s identity as a melting pot for immigrants from a wide variety of countries has been a pillar of our nation for centuries. Paramount to this identity is the principle of jus soli, or birthright citizenship, established in the 14th Amendment of the U.S. Constitution.
14th Amendment protects birthright citizenship
The amendment, ratified in 1868 in the aftermath of the Civil War, ensures that anyone born on U.S. soil is granted citizenship, regardless of their parents' legal status.
Trump’s proposed executive order would ignore the historical importance of the 14th Amendment and the protections it provides for millions of Americans. The amendment was ratified to grant citizenship to formerly enslaved individuals, ensuring equal rights and protections under the law.
A future without birthright citizenship would create an unprotected class of individuals who, despite being born in the United States, could be denied the civil rights and opportunities afforded to other American-born citizens.
If Trump did issue an executive order to end birthright citizenship, I have no doubt it would be met with a slew of legal challenges, and those challenges almost certainly would prevail. After all, such an order would be blatantly unconstitutional.
For Trump to actually succeed in revoking birthright citizenship, two-thirds of both the U.S. House and Senate along with three-fourths (38) of the states would have to vote to ratify a new amendment to the Constitution. That's a nearly impossible feat given the polarization in today's political environment.
Rather than trying to eliminate birthright citizenship, the incoming Trump administration should construct a comprehensive immigration plan that addresses systemic issues like streamlining pathways to legal citizenship and enhancing border security in humane ways.
US economy needs immigrants to thrive
The American economy needs immigrants, especially because the U.S. birth rate continues to fall to historic lows.
Trump and Congress need to find ways to encourage legal immigration, not send messages that stigmatize children of immigrants and their families.
We must ensure that America remains a land of opportunity. Birthright citizenship is more than a legal doctrine; it is a reflection of America’s commitment to diversity.
As Americans, we must reject ideals that seek to divide and diminish us. Preserving birthright citizenship is not just about protecting a constitutional right − it is also about safeguarding the heart and soul of America.
Marla Bautista is a military fellow columnist at Paste BN Opinion.