Any individual born within a state automatically qualifies as a U.S. citizen according to the 14th amendment of the U.S. Constitution. However, former President Trump has asserted since at least 2015 that citizenship derived from being born in a state should not be guaranteed. “We need to initiate a process to reclaim our country,” he remarked, indicating that he would “test it out” in the judiciary.
The presidential candidate Trump has recently revisited – and reiterated – his aim to abolish birthright citizenship. This brings forth a particularly Puerto Rico-centric issue: if even constitutionally safeguarded U.S. citizenship is at risk, what implications does that have for the citizenship status of Puerto Ricans, whose citizenship is conferred outside the Constitution? Is Puerto Rican U.S. citizenship even more at risk? Is it subject to revocation?
Trump and birthright citizenship
Trump’s opposition to birthright citizenship focuses on the idea that when non-citizens give birth in the United States, that child instantly receives U.S. citizenship. He contends that this situation incentivizes immigration to the United States. He has claimed that “hundreds of thousands of individuals from across the globe occupy hotels during the final weeks of their pregnancy to unlawfully and illegitimately secure U.S. citizenship for their children.”
On the anniversary of a Supreme Court ruling affirming birthright citizenship, Trump declared that he would abolish birthright citizenship “on day one” of his second term if he were re-elected in November. Most constitutional experts concur that achieving this would necessitate a constitutional amendment. To amend the Constitution, two-thirds of both the House and Senate would need to agree, followed by ratification from two-thirds of the states. Such a drastic action certainly couldn’t occur on his inauguration day, but the former President seems determined to reform U.S. citizenship laws in the long run.
Not only Trump
Trump is not the sole political figure entertaining the notion of ending birthright citizenship. Senator Lindsey Graham (R-SC) introduced a bill last month that seeks to alter the wording of the 14th amendment to apply solely to children born in a state to parents who were legally present in that state.
There is a broad consensus that the 14th amendment plainly states that anyone born in a state is automatically a citizen of the United States.
However, Sen. Graham holds a prominent position as the leading Republican on the Senate Judiciary Committee, providing him a significant platform to push his agenda, particularly if the Republican Party regains control of the Senate in the upcoming year.
Connecting the dots
The inclination of certain politicians to redefine or modify the laws surrounding citizenship delivers a clear message to Puerto Rico. The U.S. citizenship of those born in Puerto Rico is based on statutory law. It is dependent on a 1917 law enacted by Congress, not on the safeguards provided by the U.S. Constitution. Presently, U.S. citizenship for Puerto Ricans is granted through statute but lacks explicit constitutional protection.
The future remains even more uncertain. Assertions that Puerto Ricans could retain their U.S. citizenship in the event of Puerto Rican independence typically stem from a sense of disbelief—surely Congress wouldn’t enact such a change! In reality, it appears that some U.S. politicians are adaptable regarding U.S. citizenship and are quite supportive of restricting access to it, even now.
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