Trump announces no more Citizenship by Birth – Really?

by Jose Enrique Perez

Not really. Just another lie, or just words, or just his racist rhetoric. However, you want to put it, it is nearly impossible.

The 14th Amendment of the United States Constitution provides:

“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.”

During the campaign for the mid-term elections of this month, President Trump said that we were the only country where the citizenship is given to the persons born in the United States. He also said that it was because of the flaws of the immigration laws that the citizenship is obtained that way. First of all, there are more than 30 countries providing for that same privilege. Secondly, the 14th Amendment has nothing to do with immigration. In point of fact, there were no immigration laws back in 1800s. Furthermore, the citizenship cannot be conditioned or modified by immigration laws as this is a Constitutional mandate. The privilege of becoming a citizen of the United States by birth or naturalization cannot be changed by the President or his racist agenda.

Altering the Constitution consists of proposing an amendment or amendments and subsequent ratification. Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate or by a convention of states called for by two-thirds of the state legislatures.

Article Five of the United States Constitution describes the process whereby the Constitution, the nation’s frame of government, may be altered. To become part of the Constitution, an amendment must be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or state ratifying conventions in three-quarters of the states. The vote of each state (to either ratify or reject a proposed amendment) carries equal weight, regardless of a state’s population or length of time in the Union.

In conclusion, it is nearly impossible for President Trump or his administration to take away the citizenship right. He cannot do by executive order or decree.

You should remember that this article is not intended to provide you with legal advice; it is intended only to provide guidance about the new immigration policies. Furthermore, the article is not intended to explain or identify all potential issues that may arise in connection with the filing of applications with USCIS. Each case is fact-specific and therefore similar cases may have different outcomes.

I represent individuals in immigration cases. If you have any questions or concerns about an immigration case or potential case, you can call me at (315) 422-5673, send me a fax at (315) 466-5673, or e-mail me at The Law Office of Jose Perez is located at 120 East Washington Street, Suite 925, Syracuse, New York 13202. Now with offices in Buffalo and Rochester!!! Please look for my next article in the December edition.