Certainly, the new political powers that be, they don’t possess a simple solution to end birthright citizenship by executive fiat. It would take some time for the Supreme Court majority to consider exploring a potential revision of United States v. Wong Kim Ark (in jest, of course). However, by transitioning from an open interpretation of birthright citizenship and its application for the children of immigrants, one might ponder whether this could be a significant obstacle or render the concept infeasible. For instance, to obtain a passport, one may need to demonstrate more than mere evidence of birth within the United States, they may need to show that their parents held either legal residency or citizenship status at their time of birth. An interesting quandary, could this be resolved by executive action, or simple regulation?
What we’re pondering is likely the methodology Trump might employ to adjust the understanding and implementation of birthright citizenship. It is quite conceivable that he would issue some form of order instructing federal entities responsible for citizenship documentation – such as the Department of State or Homeland Security – to deny issuance of such documents to children of unauthorized immigrants, effectively seeking to withhold American citizenship from them. Undoubtedly, this action would be challenged legally, as it would appear to violate the Supreme Court’s decision in United States v. Wong Kim Ark, the ruling that established the application of the 14th Amendment, ensuring birthright citizenship for children of immigrants.
Despite this, I find the idea of the Supreme Court affirming that precedent to stand by birthright citizenship compelling. It seems like it would be a very risky move to start unraveling this guarantee so late into the game. It is worth noting that a major hurdle here lies in the sheer practical difficulty of shifting from the clear-cut principle of birthright citizenship (anyone born within the territory is a citizen) to a more exclusive principle of bloodline citizenship, which limits citizenship to those whose parental lineage aligns with the state.
One of the primary reasons for this lies in the fact that large numbers of those born on American soil have gained their citizenship purely through this geographical coincidence. Our government has historically not delved into the citizenship status or immigration stance of our parents when affirming our own citizenship. It doesn’t initiate a probe to confirm the legality of our parents’ visas, or to ascertain their citizenship status at the time of our birth.
The government simply acknowledges our birth on American soil, and under the 14th Amendment, that fact grants us American citizenship. This principle is universally applicable — it applies to myself, to children of legal immigrants, and to children of unauthorized migrants. As such, it would be incredibly difficult to dismantle this mechanism without threatening the citizenship status of a vast number of individuals, an action that the Supreme Court would likely be hesitant to sanction.
While it might appear naïve or overly optimistic, I believe that Trump will face significant challenges winning this argument. This is not to imply that he won’t fight it out; indeed, he’s known for his tenacity. However, it seems that this is an issue in which his ultimate victory, despite his best efforts, isn’t assured.