Donald Trump‘s 14th Amendment executive order has caught immediate attention and blowback from detractors who say it’s impossible, if not just downright cruel. While the U.S. presidency is one of the most dominant political positions on Earth, that doesn’t necessarily mean anything Trump says goes.
He might say his pen is mightier than a sword, but there are legal and moral roadblocks in the way of this executive order going through successfully. So, what are its chances?
What is 14th Amendment citizenship?
People with birthright citizenship have automatic rights in the U.S.: “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,” reads the 14th Amendment to the U.S. Constitution.
However, some have argued that the “subject to the jurisdiction thereof” could mean the authors did not intend to give citizenship to the children of visitors and non-citizens. Margaret Stock, a former law professor at the United States Military Academy at West Point, N.Y, explained to NPR, “I think it’s kind of a lunatic fringe argument. I’ve been debating folks like this for more than a decade, and they claim that the 14th Amendment’s been misinterpreted,” Stock said. “And now they’ve got a president in office who apparently was fixated on this as well.”
Trump’s plan to end it
In a 2018 interview with Axios, Trump claimed, “It was always told to me that you needed a constitutional amendment. Guess what? You don’t,” he said. “Now they’re saying I can do it just with an executive order.”
He (incorrectly) added, “We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States… with all of those benefits. It’s ridiculous. And it has to end.”
He reiterated the idea in a Dec. 2024 NBC interview, saying, “We have to end it. We’re the only country that has it.” He then tells the baffled-looking reporter interviewing him, “You know we’re the only country that has it.” Her face says she in fact does not know that, probably because it’s a demonstrably false claim.
Scholars say it’s impossible to end birthright citizenship via an executive order
As explained by the ACLU, “Only constitutional amendments, not executive orders or legislation, can change the Constitution.”
“That’s why scholars have overwhelmingly condemned earlier, failed attempts by some state and federal lawmakers to pass legislation that denies citizenship to the U.S. born-children of undocumented noncitizens as unconstitutional. Because even Congress could not alter the constitutional right of birthright citizenship, a president certainly cannot do so by unilateral executive action.”
Trump is a big fan of the good ol’ executive order and enjoys rolling back policies from previous administrations — particularly when it comes to environmental policies. When Joe Biden took office in 2021, he reversed many of Trump’s rollbacks, but it would be naive to hope Trump won’t immediately start throwing his weight around the day he’s inaugurated.
Additionally, Trump makes a lot of promises he doesn’t keep, likely to continue motivating his fanbase and sparking debate over touchstone voter subjects like immigration. Trump’s platform was built on targeting undocumented immigrants, whom he disgustingly calls “illegal aliens,” so it simply makes sense for him to make claims about ending birthright citizenship.
The Supreme Court previously ruled to uphold the 14th Amendment’s birthright citizenship in United States v. Wong Kim Ark, justifying that a child born in the U.S. to Chinese parents — who were not U.S. citizens — was a citizen.
An executive order going ahead in this manner would be unprecedented and require lengthy legal battles. But Trump is a criminal about to be holding office again so the impossible is possible, apparently. That being said, it’s very unlikely to go ahead if experts are to be believed.
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