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Following the ruling, Trump called for legislation to address the birthright citizenship issue.
The president posted on Truth Social, “The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process. No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!”:
In addition to congressional action, several possible avenues remain for future efforts to restrict birthright citizenship.
Constitutional amendment
The most direct and most difficult path would be amending the Constitution itself.
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Bennett Gershman, a law professor at Pace University, told Newsweek the most direct legal path to ending birthright citizenship would be a constitutional amendment rather than ordinary legislation.
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A constitutional amendment would require approval by two-thirds of both the House and Senate and ratification by three-fourths of the states, a threshold widely viewed as politically unrealistic in the current political climate.
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Still, Republican lawmakers have periodically introduced proposals seeking to limit birthright citizenship.
Congress testing the issue
Congress could also attempt to pass legislation redefining who qualifies as “subject to the jurisdiction” of the United States under the 14th Amendment.
Supporters of Trump’s executive order have argued that the phrase was never intended to cover children born to people in the country unlawfully or temporarily. The Trump administration argued in court filings that citizenship historically required a more complete allegiance to the United States.
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Any congressional attempt to narrow citizenship eligibility would almost certainly trigger another major constitutional challenge and could return to the Supreme Court.
Future litigation
Legal analysts say future lawsuits may be the most realistic path for opponents of birthright citizenship.
Although the Supreme Court rejected Trump’s executive order, some conservative legal scholars continue to argue that Wong Kim Ark does not fully address modern immigration categories such as undocumented immigrants or temporary visa holders.
Rather than seeking to eliminate birthright citizenship broadly, future cases could focus on narrower categories, including children born to undocumented immigrants, tourists, or temporary visa holders.
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Narrower executive actions
Future administrations could also pursue narrower immigration-related policies tied to citizenship documentation and enforcement rather than directly challenging constitutional citizenship itself.
Potential measures could include stricter passport verification requirements, additional documentation tied to parental immigration status, or increased scrutiny of so-called “birth tourism,” in which foreign nationals travel to the United States to give birth.
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The post Can Trump Still End Birthright Citizenship? What Options Are Left appeared first on American Renaissance.
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