President Trump has called on Congress to reconsider the legal basis of birthright citizenship, following his loss in a Supreme Court case challenging the policy. The president and his allies argue that the current interpretation of the 14th Amendment is flawed, and that legislative action could address their concerns.
Birthright citizenship, guaranteed by the 14th Amendment, grants automatic citizenship to anyone born on U.S. soil. The Supreme Court has repeatedly upheld this principle, starting with the landmark 1898 case *United States v. Wong Kim Ark*. Legal experts say that overturning this precedent would require a constitutional amendment, not simply a new law.
Congress has the power to define the process of naturalization, but it cannot alter the constitutional definition of citizenship. The 14th Amendment’s Citizenship Clause is explicit: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.” Any attempt to change this via legislation would likely be struck down by the courts.
Even if a bill passed both chambers, it would face immediate constitutional challenges. The Supreme Court’s recent decision emphasized the clarity of the amendment’s text and history, signaling it would invalidate any law conflicting with that standard. Legal scholars note that the issue is not one of policy but of settled constitutional law.
Supporters of altering birthright citizenship argue that the amendment was never meant to apply to children of undocumented immigrants. However, the Court has consistently ruled that “subject to the jurisdiction thereof” includes nearly everyone born in the U.S., except for foreign diplomats and enemy forces.
The political feasibility of such legislation is also low. Even a unified Republican majority in Congress would struggle to secure the two-thirds majority needed to override a potential veto or to pass a constitutional amendment. Democrats largely oppose any change, and public opinion polls show strong support for the current policy.
The president’s renewed call is seen by many as a strategic move to energize his base ahead of the midterm elections. But with limited legal and legislative paths forward, the practical impact remains minimal. Birthright citizenship is likely to stay unchanged for the foreseeable future.
