To end birthright citizenship, Donald Trump misreads the constitution

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Subscribe to enjoy similar stories. In his inauguration speech Donald Trump promised that, in his administration, “we will not forget our constitution." Before the day was over, Mr Trump had signed an executive order that, if implemented, would apparently end birthright citizenship, which is guaranteed by the 14th Amendment to the constitution. According to the plain text of the amendment, “all persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States." It doesn’t mean what it appears to mean, Mr Trump claims.

Under Mr Trump’s order, from next month the federal government will refuse to issue “documents recognising American citizenship" (presumably passports) to newborns unless they have a parent who is either a citizen or a permanent resident of the United States. Children born in America to unauthorised immigrants would thus be excluded. But so too would those of around 3m people living in America on exchange, work or student visas.

Relatively few rich countries automatically extend citizenship to everyone born on their territory (though Canada does, as do most countries in Latin America). America started doing so at the end of the civil war. The constitution was amended then to overturn the Dred Scott decision of 1857, which held that black people were not Americans.

The 14th Amendment ensured that freed slaves and their children would henceforth be citizens. The Trump administration’s argument is that the 14th Amendment “has never been interpreted to extend citizenship universally to everyone born within the United States". Narrowly speaking, this is true.