Trump unlikely to reverse birthright citizenship, experts say

Constitutional lawyers concurred that the Constitution must be amended first to achieve this, a process that takes years.

In his first televised interview since being elected president, Donald Trump announced his intention to roll back birthright citizenship through executive action.

"We have to end it," Trump said, calling it "ridiculous."

However, experts agree that implementing this policy is complex and likely requires an amendment to the US Constitution, which could take years.

WHAT IS THE RIGHT TO CITIZENSHIP BY BIRTH OR NATURALIZATION?

Ratified in 1868 following the Civil War, the 14th Amendment to the Constitution declared 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 where they reside."

"The Constitution says that once you are naturalized, you are a citizen (...) In general, being naturalized is the same as being born in this country," constitutional lawyer Joseph Malouf explained.

Meanwhile, the Department of Citizenship and Immigration Services establishes that denaturalization can only occur before a federal court through a civil procedure or criminal conviction.

The lawyer and professor at George Washington University in DC, Martin Gold, indicated that the interpretation of this statute occurred in 1898 through the case United States v. Wong Kim Ark.

The Supreme Court addressed the controversy over whether Wong Kim Ark was truly an American citizen after authorities denied him entry into the United States after returning from a trip to China to visit his parents. The court ruled in favor of Wong Kim Ark.

In the televised interview on Sunday on the program "Meet the Press," Trump suggested that birthright citizenship is exclusive to the United States, saying: "We're the only country that has it, you know?"

However, the Library of Congress states that more than 30 countries, including Canada and Brazil, have granted birthright citizenship.

WHAT WOULD BE THE LEGAL WEIGHT OF THE EXECUTIVE ACTION THAT TRUMP WANTS TO IMPLEMENT?

In response to questions from moderator Kristen Welker, the president-elect said that he seeks to repeal this right through executive action.

An executive action differs from an executive order. It carries minimal weight and is not published in the Federal Register. Therefore, Malouf and Gold concurred that the president alone cannot overturn birthright citizenship.

"There is no authority on the part of the executive to be able to change the Constitution in any way," he emphasized.

"Will (this precedent) remain stable? That remains to be seen. I only know that the president cannot change this unilaterally because it is a constitutional provision that has been interpreted by the Supreme Court, but he can take measures that force the matter to be reviewed again," Gold explained.

HOW CAN THE CONSTITUTION BE AMENDED?

Article 5 of the Constitution requires a 2/3 majority vote in the House of Representatives and the Senate to be amended, indicating the need for bipartisan support.

"The Constitution can be changed. Sometimes the need comes from a particular case, in this case the need comes from a change in the Immigration Law and how people are recognized as citizens, but it takes a lot of people in favor of these changes for it to become a reality," Malouf said.

Additionally, the lawyer emphasized that 75% approval from state legislators is required or that the project must be sanctioned through a Convention, ensuring that neither the Senate nor the House can unilaterally amend the Constitution.

"It will not be easy to change something as important as the 14th Amendment overnight," he said.

Gold emphasized the unlikely chance that Donald Trump will secure bipartisan backing in Congress and from a majority of the states to modify the 14th Amendment.

"So the only way to change it is to take some measure, some executive order, some measure that, in essence, creates a legal controversy, and then it goes to court. Then we will see what the courts decide to do about it, whether or not they adhere to the old precedent or change it or not," he concluded.

This story was initially published in Spanish in Telemundo 44. Click here to read the original version.