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Can Trump really End Birthright Citizenship? Response by San Diego Immigration Lawyer

1,052 views · Published 31 October 2018 · 8:08 · Indexed 11 October 2026

Channel: U.S Immigration with Attorney Jacob Sapochnick · 2018 · Education

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#immigration, #law, #Birthright

Can Trump really End Birthright Citizenship?  What is the 14 amendment in the U.S. Constitution?


00:00 Birthright citizenship is the constitutional guarantee that people that are born in the United States are automatically U.S. citizens.  President Trump's announced about issuing an executive order to end birthright citizenship.

0:57 of the 14th amendment states that all persons born or naturalized in the United States and subject to the jurisdiction there off are citizens of the United States and of the state we're in their reside.

2:22 The President cannot revoke constitutional protection by executive order.

3:09 The executive order that President Trump plans to enact will trigger a lot of lawsuits charging that the President of essentially violating the 14th amendment

4:15 it would create a backlash of back and forth and all the discussions about how minorities are not respected in this country.  The amount of hate, hate speech and negativity that is going to be released into the media and into public is going to be very, very damaging.

5:41Professor Perry from Princeton said that when the government sends the message that certain people are not qualified to be citizen, it stigmatizes those people in numerous ways and legitimizes violence against them


6:55 It will create a really a negative backlash of, anxiety and just hatred in this country and hopefully that is not going to happen and hopefully we can find a way to stop it.

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President Donald Trump announced that he will pass an executive order that would end birthright citizenship, the constitutional guarantee that people born in the United States are automatically citizens. The immediate response throughout social and news media has been that the 14th Amendment protects birthright citizenship and is immune to executive orders. 


This is yet another example of Trump’s willful ignorance, or his deliberate deception. Or both. After all, a president cannot revoke a constitutional protection by executive order. That isn’t how any of this works. Accordingly, many pundits have said we shouldn’t worry about this latest antic.

But the pundits shouldn’t be so blasé. Given the relatively minimal checks the House and Senate have placed on Trump’s unethical and even criminal behavior, we should expect that he will take steps to begin destroying birthright citizenship. 

if Trump did sign this executive order and attempt to enforce it, it would immediately trigger a spate of lawsuits charging that the president had violated the 14th Amendment. And what then? A signature priority of this administration has been to pack the federal courts with ultra-conservative—and in numerous instances clearly unqualified judges. While it seems unlikely that even the most conservative among them would overturn birthright citizenship, it is possible that if and when the case made its way to the Supreme Court, the Court could weaken or limit its enforcement with devastating impact. Moreover, regardless of what it rules the Court can’t force the president to adhere to its ruling. It has no military and no police, no enforcement power of its own. It depends upon the political branches. Sadly, the House and Senate have shown themselves to be weak protectors of freedom and justice in this political season.

even if courts appropriately understood Trump’s prospective executive order to be a violation of the Constitution it would still have collateral effects. When the government sends the message that certain people are not qualified to be citizens it stigmatizes those people in numerous ways and legitimizes violence against them. It inhibits them from experiencing the full panoply of rights. Bigoted cultural attitudes, affirmed by those in positions of power, shape how law operates in peoples’ lives. They impact policing, immigration policy and practice, education, housing, and more.

If we are not vigilant our mantras of “never again” can easily slide into a world of “over and over again.”

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