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Immigration,
Government,
Constitutional Law

Nov. 1, 2018

Proposal to end birthright citizenship not likely to get far

President Donald Trump recently announced plans to eliminate citizenship by birth faces profound legal hurdles.

Gabriel J. Chin

Edward L. Barrett chair of law, Martin Luther King, Jr. professor of law, and director of Clinical Legal Education
UC Davis School of Law

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Proposal to end birthright citizenship not likely to get far
President Donald Trump on stage during a campaign rally in Murphysboro, Ill., Oct. 27, 2018. Trump said he was preparing an executive order to end birthright citizenship in the U.S., his latest attention-grabbing maneuver days before midterm congressional elections, during which he has sought to activate his base by vowing to clamp down on immigrants and immigration. (New York Times New Service)

President Donald Trump recently announced plans to eliminate citizenship by birth to children whose parents are undocumented. For a number of reasons, this proposal is unlikely to get far.

The citizenship clause in Section 1 of the Fourteenth Amendment provides that "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." ...

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