Donald Trump.
Credit: Reuters Photo
US President-elect Donald Trump aims to deport all immigrants in the US illegally over his four-year term but wants a deal to protect so-called "Dreamer" immigrants, he said in an interview that aired on Sunday on NBC News' Meet the Press with Kristen Welker. Trump also said he plans to take executive action on his first day in office to try to end birthright citizenship. Here is all you need to know about US birthright citizenship:
What is US birthright citizenship
As per the American Immigration Council, birthright citizenship is a legal principle under which those who are born within the premises of the United States are automatically awarded citizenship. Birthright citizenship is also referred to as 'jus soli', which is a Latin phrase meaning "right of the soil."
When did birthright citizenship come into being in the US?
The roots of US birthright citizenship can be traced back to the ratification of the Fourteenth Amendment in 1868. The Fourteenth Amendment, which was enacted after the Civil War ended, rectified the 1857 Dred Scott decision—which ruled that the Constitution of the United States did not extend citizenship to people of African descent—hence guaranteeing rights to the African Americans upon its adoption.
"All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," the birthright citizenship that is guaranteed by the Fourteenth Amendment to the US Constitution states.
After this, the Supreme Court referred to the Fourteenth Amendment as a basis for several landmark rulings over the years. In its 1898 ruling in United States v. Wong Kim Ark, the apex court established the explicit precedent that those born in the US, irrespective of the immigration status of their parents will become a US citizen.
What is Donald Trump's opinion of the US birthright citizenship
Trump, a Republican who won a second term in the White House promising mass deportations, is expected to declare illegal immigration a national emergency when he takes office on Jan. 20 and draw on resources from across the federal government to support a wide-ranging crackdown. Trump said he wanted a deal to protect "Dreamer" immigrants brought to the US illegally as children, saying Republicans are open to the idea. During his 2017-2021 presidency, Trump tried to end a program that provides deportation relief and work permits to immigrants, but was rebuffed by the Supreme Court. Trump's plans to try to end birthright citizenship will likely face legal challenges. The right stems from an amendment to the US Constitution and is supported by the 1898 Supreme Court precedent.
Can Trump take away birthright citizenship?
As per a report in the Immigration Impact, taking away US birthright citizenship is not an easy procedure and requires the passage of a new amendment in the Constitution. This in turn is possible only after achieving a two-thirds vote in both the House and Senate along with the ratification by three-quarters of the states.
(With Reuters inputs)