'Immediate consequences': Why Trump’s war on birthright citizenship must be 'taken seriously'

07 January

Since winning the 2024 election, President-elect Donald Trump has doubled down on his promise to end birthright citizenship. Many of his critics, however, have been pointing out that birthright citizenship is protected by the U.S. Constitution's 14th Amendment, which was ratified in 1868.

In an article published by The Atlantic on January 7, Amanda Frost — an expert on immigration and citizenship law at the University of Virginia — lays out some reasons why Trump's war on birthright citizenship is so disturbing.

"In 2025," Frost explains, "the end of birthright citizenship is more than just an applause line at the Conservative Political Action Conference. It has a genuine, if slim, chance of making its way into law. If it does, it will upend the lives of millions, and create a caste system in which a new set of people — native-born non-Americans — can never work or live in the open. This prospect ought to be taken seriously."

Frost adds, "How would President Trump implement such a plan? Is it constitutional? And would the U.S. Supreme Court back him up?"

Trump, Frost notes, released a video in 2023 explaining "exactly how he intends to proceed."

"In the video," Frost warns, "the president-elect commits to issuing an executive order on January 20, 2025, that would deny citizenship not only to the children of undocumented immigrants, but also, to those born to parents who both are legally in the United States on a temporary visa for study or work…. The consequences would be immediate. Trump says he will order government officials to deny these children passports and Social Security numbers. They will be prohibited from enrolling in federal programs such as Medicaid, the Children's Health Insurance Program, and the Supplemental Nutrition Assistance Program, and likely state benefits as well."

Frost continues, "As adults, if all goes according to Trump's plan, they will be barred from voting, holding elected office, and serving on juries."

Amanda Frost's full article for The Atlantic is available at this link (subscription required).

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