Trump’s Proposal To Ban Birthright Citizenship For Children Of Illegal Immigrants Could Have Affected Son Barron’s Citizenship

Former President Donald Trump said last week that if he was elected again in 2024, he would end birthright citizenship for children born to immigrants in the U.S. illegally.

The move would violate how the 14th Amendment to the U.S. Constitution has historically been interpreted, but the former president says her wants that changed – and newly conservative Supreme Court might just back him up.

Trump, who is currently the leading candidate for the Republican presidential nomination, offered his plan in a campaign video on Twitter. If ever enacted, it would most likely lead to a legal challenge from his opponents.

The 14th Amendment was ratified in 1868 to overrule a Supreme Court decision that made slaves and free African Americans not entitled to U.S. citizenship. The constitutional amendment granted citizenship to all people “born or naturalized in the United States,” which has been understood to be applicable to all children regardless of whether their parents lived in the country legally.

In a press release, Trump said that his executive order would require parents to be a U.S. citizens or legal permanent residents for birthright citizenship to apply.

Trump previously condemned President Joe Biden for his management as record numbers of migrants have been caught crossing the border illegally. He stated that his proposal would “choke off a major incentive for continued illegal immigration.”

But this policy could have affected his wife, Melania, and son, Barron, if it was enacted at the time. Melania arrived in the U.S. on an EB-1 work visa in 2001 and didn’t become a naturalized citizen until 2006 – after Barron’s birthdate. Trump’s plan thus wouldn’t allow a guaranteed path to citizenship for Barron since only one of his parents was born in the U.S.