Summary
Donald Trump’s pledge to end birthright citizenship faces major legal barriers, but experts say it’s slightly more conceivable now due to the conservative Supreme Court majority.
The 14th Amendment guarantees citizenship to anyone born in the U.S., and scholars argue Trump’s proposed executive action would likely be struck down.
Conservatives claim the amendment’s “jurisdiction” clause could exclude children of undocumented immigrants, though most experts disagree.
Ending birthright citizenship would require a constitutional amendment, an unlikely feat, and scholars warn it could revive caste-like inequality in the U.S.
I have a question about this that I have been thinking about. If they did this, probably through executive order, Would they not create a situation that the US federal government does not have jurisdiction over illegal immigrants? The federal government has jurisdiction or it doesn’t, there is not an in-between. This would shift jurisdiction to the states, which would be a nightmare for the people trying to do this. I suppose you could change the meaning of the word “Jurisdiction”, but since it is in the constitution, that would effectively change the meaning in all federal law, also a nightmare scenario. The only way I can see this type of order or law passed, without amending the constitution, would be to pass the law and try to stall it to deport as many as you could. I think this would not work also, due to lower court judges stopping it, and forcing the supreme court to take it up. Then I guess it would take some mental gymnastics for them to get it passed and not start a civil war.