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Immigration Law Blog

Blog on immigration law information, issues and news.

Can an Executive Order End Birthright Citizenship?

In a recent interview with Axios, President Donald Trump stated that he intends to sign an executive order ending birthright citizenship. President Trump stated, “It was always told to me that you needed a constitutional amendment. Guess what? You don’t.” He is referring to the 14th Amendment of the Constitution which 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 Sate wherein they reside.” The section of the amendment that has people questioning is ‘subject to the jurisdiction thereof.’ From the president’s understanding, all you need to make a change to the United States Constitution is an executive order and an act of Congress. During the interview with Axios, President Trump goes on to state that, “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.” Unfortunately, President Trump is mistaken. We’re not ‘the only’ country in the world who has birthright citizenship. In fact, we’re one of thirty countries who grant birthright citizenship. It is without a doubt that if President Trump decides to go forward with this executive order there will be a number people fighting to protect the constitution.

Mercedes Riggs