What is birthright citizenship and the 14th amendment? Explaining Trump's desired changes
President-elect Donald Trump again expressed his desire to end birthright citizenship through executive action in his first network news interview since winning the election.
"The 14th Amendment though says that 'all persons born in the United States are citizens.' Can you get around the 14th Amendment with an executive action?" NBC's Kristen Welker asked Trump on "Meet the Press," which aired Sunday.
"Well we're gonna have to get a change, we'll maybe have to go back to the people, but we have to end it," Trump replied.
He also claimed that the U.S. is the only country that grants citizenship through birth, but a Law Library of Congress report shows more than 30 countries around the world grant citizenship by birth.
Trump's proposal is aimed at a legal principle that has been considered settled law by many experts, and any attempts to change the Constitution through executive action would likely be met with legal challenges. Here is what you need to know about birthright citizenship and the 14th Amendment.
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What does the 14th Amendment say about citizenship by birth
The 14th Amendment was ratified in 1868 coming out of the Civil War, granting citizenship and rights to formerly enslaved people.
Section 1 states, "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."
Trump's Agenda47 policy platform states he wants to clarify the amendment, so it is understood "that U.S. Citizenship extends only to those both born in AND 'subject to the jurisdiction' of the United States."
The clause, "subject to the jurisdiction thereof," most commonly excludes children born to foreign diplomats, USA TODAY previously reported.
Trump has long promised to end birthright citizenship
Trump has long promised to sign an executive order preventing federal agencies from granting automatic U.S. citizenship to the children of immigrants who came to the country illegally.
His executive order would push federal agencies to "require that at least one parent be a U.S. citizen or lawful permanent resident for their future children to become automatic U.S. citizens," Trump's Agenda47 policy plan explained.
Birthright citizenship for foreigners has been affirmed by the Supreme Court despite being challenged many times, according to the American Immigration Council. Libertarian think tank Cato Institute said ending guaranteed birthright citizenship is an "unorthodox view" not supported by the vast majority of constitutional lawyers.
A constitutional amendment would require a two-thirds vote in the House and the Senate (or a request for a convention by two-thirds of the states), and ratification by three-fourths of state legislatures.
Contributing: Sarah D. Wire
Kinsey Crowley is a trending news reporter at USA TODAY. Reach her at [email protected], and follow her on X and TikTok @kinseycrowley.
This article originally appeared on USA TODAY: What is birthright citizenship and the 14th Amendment? What to know