Is Ending Birthright Citizenship Constitutional?

President Trump recently made the shocking pronouncement that he intends to end birthright citizenship.  Trump declared to news media sources that he wishes to advance his agenda to end birthright citizenship through an executive order.  Trump urged that the U.S. is the only country where a person can enter illegally and have a baby, with the baby then becoming a U.S. citizen. Immediately, both opponents and supporters began to research and put forth their opinions on whether it would run afoul of the Constitution for Trump to put an end to birthright citizenship.  Our U.S. naturalization and citizenship lawyers explore arguments as to the illegally of Trump’s plan below.

Interpreting the Fourteenth Amendment

Trump’s bold declaration attempted to paint a picture that birthright citizenship is rare and something not always supported.  In fact, more than 30 countries, including neighboring Canada and Mexico, have similar laws in place. The birthright citizenship clause is found within the Fourteenth Amendment to the Constitution, which was adopted on July 9, 1868.  The clause provides that “[a]ll persons born or naturalized in the United States…are citizens of the United States.”

Since Trump’s announcement, several constitutional law experts have stepped forward attesting to the illegality of removal of the birthright citizenship clause.  The Constitution, after all, cannot be altered by an executive amendment and any changes to the law will require much review and many steps to bring about change.  

Supporters of the plan take a different reading to the Fourteenth Amendment.  They argue that the Fourteenth Amendment does not offer universal birthright citizenship.  In their view, the amendment does not extend citizenship to those immigrants who are here illegally.  However, the clause has always been interpreted as providing citizenship to all born here. An ultimate decision on the issue may need to be provided by the high court of the United States.  

Ending birthright citizenship is a tremendously important issue as it could result in a mass number of people born here suddenly becoming illegal citizens, though this is the only country they have ever known.  Already, a strong opposition has formed against the President’s declared plans, but time will tell whether the president moves forward despite protests. Anyone who is concerned about their status in the U.S. or needs more information about shifting U.S. immigration laws should contact the experienced immigration lawyers at NPZ Law Group.  Our highly reviewed firm offers client satisfaction guaranteed and representation in a wide range of immigration matters.

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at