Birthright citizenship is guaranteed in the US Constitution. Both Trump and DeSantis want it gone, and they'll need the court's help to do it.
- Both the Supreme Court and the Constitution guarantee citizenship for people born in the US.
- Republican presidential candidate and Gov. Ron DeSantis said he wants to end birthright citizenship.
On Monday, Republican presidential candidate and Florida Gov. Ron DeSantis pledged to end birthright citizenship if elected president in 2024, a position shared by former President Donald Trump. Neither are likely to succeed, however, without the help of the courts.
At a press conference in Texas, DeSantis said he would "take action to end the idea that the children of illegal aliens are entitled to birthright citizenship if they are born in the United States."
While president, Trump promised to end birthright citizenship for children of undocumented immigrants via executive order, though he never followed through with the promise.
DeSantis, however, did not detail how, exactly, he planned to address the issue and simply said that it would be up to "the courts and Congress."
"Dangling the prize of citizenship to the future offspring of illegal immigrants is a major driver of illegal migration," DeSantis said. "It is also inconsistent with the original understanding of 14th Amendment, and we will force the courts and Congress to finally address this failed policy."
As granted by the 14th Amendment, which was ratified in 1868, anybody born in the United States is guaranteed citizenship. The right was affirmed thirty years later by the Supreme Court, which ruled that Wong Kim Ark was legally an American citizen after being born in the US, despite having Chinese-born parents who were barred from becoming citizens due to the Chinese Exclusion Act.
Whether the original decision comes via executive order or legislation, any action restricting US citizenship will almost certainly be tested in the federal court system, likely even the Supreme Court given its previous ruling on the issue.