Trump's first day: order to end birthright citizenship for children of undocumented immigrants and tourists

On his first day as second-term president, President-elect Donald Trump will sign an executive order to prevent granting United States citizenship to children of undocumented immigrants and tourists, among other people who are passing through.

The order, advanced in May 2023 by the campaign of the now president-elect, will not modify the 14th Amendment of the Constitution, but will “explain the meaning” of it.

“[Se] will make it clear that children of illegal immigrants will not be granted automatic citizenship from now on. and should not be issued passports, Social Security numbers, or be eligible for certain taxpayer-funded welfare benefits,” the campaign stated.

For a newborn in the US to be a US citizen, according to the order that will be proposed, federal agencies must require that “at least one of the parents is a US citizen or legal permanent resident.”

“This executive order ending automatic citizenship for children of illegal immigrants “It will eliminate a major incentive for illegal immigration, discourage future waves of illegal immigration to exploit this misapplication of citizenship, and encourage illegal immigrants in the US to return home,” the statement said.

This decision by the next Trump administration also seeks to stop so-called “birth tourism,” involving pregnant women who arrive in the United States under tourist agencies, but with the purpose of giving birth.

While the executive order does not involve constitutional reform, it is likely to face legal challenges since the granting of birthright citizenship is more than 150 years old.

A constitutional reform would need states to agree to a national convention or a two-thirds yes vote in Congress and then approval by three-quarters of state legislatures, of which Republicans control just over half.

Although it is possible that the Republicans control the House, after strengthening the Senate, their majority is minimal to achieve a reform of this type.

However, Senators Lindsey Graham (South Carolina) and Ted Cruz (Texas) introduced the bill into the Senate. “Birthright Citizenship Act of 2024”which follows the guidelines advanced by the campaign of now President-elect Trump.

The project presented at the end of last September is in the Senate Judiciary Committee, currently chaired by Democrat Dick Durbin (Illinois), to modify Section 301 of the Immigration and Nationality Law (INA, in English) and clarify that only the children of people born in the United States, those immigrants with at least a Green Card who live in the country, as well as the children of foreign military personnel who have been offered service in the US Armed Forces.

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