Trump Administration Challenged 14th Amendment Birthright Citizenship Clause

Why it matters locally: Potential changes to birthright citizenship could have implications for demographics and social services in North Dakota, similar to other states with diverse populations.

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WASHINGTON – Former President Donald Trump stated in 2018 his administration intended to challenge the interpretation of the 14th Amendment regarding birthright citizenship. He indicated his administration would pursue policies to end citizenship for children born in the United States to parents who are not citizens or legal residents. This proposed change sparked debate among legal experts and government officials. The 14th Amendment's first sentence reads: 'All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.' This clause has historically formed the basis for birthright citizenship. Trump publicly questioned the amendment's application to children born to non-citizens. In an interview with Axios on HBO in October 2018, he told a reporter he believed he could end birthright citizenship through an executive order. Legal scholars and constitutional experts debated the validity of this claim. Several legal scholars maintain that altering birthright citizenship would require a constitutional amendment. They cite the Supreme Court's 1898 ruling in *United States v. Wong Kim Ark*, which affirmed birthright citizenship for children born in the U.S. to non-citizen parents, with limited exceptions such as children of foreign diplomats or invading forces. However, some legal commentators during the Trump administration's tenure presented alternative interpretations of the 14th Amendment's original intent. These commentators suggested the phrase 'subject to the jurisdiction thereof' might exclude children whose parents had no allegiance to the United States. Previous administrations had not openly challenged this interpretation of the 14th Amendment as a cornerstone of U.S. citizenship law. The Trump administration's explicit questioning of the clause generated widespread discussion regarding its historical context and contemporary application.