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Trump Right to End Birthright Citizenship

Source: wsj.com

TL;DR

Trump vows to end birthright citizenship via executive order if re-elected, challenging the 14th Amendment's interpretation.
The amendment's framers intended it only for children of immigrants legally present, not illegal entrants or tourists.
Supreme Court precedent like Wong Kim Ark (1898) applies narrowly and doesn't block Trump's plan.
Ending it would curb chain migration and restore constitutional original meaning.

The story at a glance

Donald Trump pledges to terminate birthright citizenship for children of illegal immigrants and tourists through an executive order. This op-ed defends his position amid his 2024 campaign, countering Democratic and media attacks.

Key moments & milestones

1866: Congress debates and passes 14th Amendment, explicitly rejecting citizenship for children of foreigners not owing allegiance to the U.S.
1868: Amendment ratified, with "subject to the jurisdiction thereof" clause excluding Native Americans, diplomats, and invaders.
1898: Wong Kim Ark case grants citizenship to child of legal Chinese residents, but not illegal aliens.
1982: Justice Brennan concurs that citizenship excludes children of enemy occupiers or those "owing direct allegiance" elsewhere.
2024: Trump reiterates executive action plan, prompting fresh constitutional debate.

Signature highlights

Framers like Senator Jacob Howard stated the clause excludes "foreigners, aliens, who belong to families of ambassadors or foreign ministers."
Over 300,000 babies born annually to illegal-immigrant mothers gain automatic citizenship, fueling chain migration for relatives.
Birth tourism industry thrives, with mothers traveling to U.S. solely to secure citizenship for children.
Critics wrongly claim the clause covers all born on U.S. soil, ignoring historical exclusions for tribes and occupiers.

Key quotes

"Trump is right... birthright citizenship for the children of illegal immigrants and tourists is not compelled by the 14th Amendment." – James B. Reichert, op-ed author.

"[The clause] will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers." – Jacob Howard, 14th Amendment sponsor (1866).

Why it matters

This policy shift could slash illegal immigration incentives and end automatic amnesty pathways for millions. It restores the amendment's original intent, forcing Congress to define citizenship rules. Watch for Supreme Court tests post-2024 election and Democratic legal challenges.