Trump's plan to end birthright citizenship would violate the Constitution, Fresno attorney says
Nov 13, 2024
FRESNO, Calif. (KSEE/KGPE) - One of President-Elect Donald Trump’s most controversial campaign promises is to end birthright citizenship for the children of undocumented immigrants.
He promised to “begin the largest deportation operation in American history,” sparking protests in the Central Valley.
Some doubt he will be able to keep that campaign promise.
“I cannot imagine that Trump actually is going to have any success in doing unconstitutional acts without repercussions,” Cook & Olson Managing Attorney Gregory Olson said.
Olson says the move would violate the 14th Amendment, which states, "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."
“This is part of the package of amendments that ended slavery, and so any talk of trying to change or undercut the slavery amendments seems very strange,” Olson said. “You would have to either have a new constitutional amendment or you would have to have a Supreme Court decision overruling all of the precedence since then.”
Trump has worked on the plan for several years and does not think it will contradict the Constitution.
In a post on X, formerly known as Twitter, Trump wrote in 2018 "So-called Birthright Citizenship, which costs our Country billions of dollars and is very unfair to our citizens, will be ended one way or the other. It is not covered by the 14th Amendment because of the words “subject to the jurisdiction thereof.” Many legal scholars agree....."
However, Olson argues illegal immigrants are subject to United States jurisdiction.
“We are able to charge illegal - undocumented immigrants with crimes, with DUIs. We charge them on a regular basis. We hold them in prison. So the fact that they are subject to our laws would indicate that they are subject to our laws, and so they get birthright citizenship,” Olson said.
Incoming Border Czar Tom Homan says the United States is in the middle of a crisis and must do something to address illegal immigration.
“This isn’t mismanagement. This isn’t incompetence. This is by design and it’s a choice. It’s national suicide,” Homan said.
Olson says the mass deportations Trump has planned could shrink the Central Valley workforce and harm the local economy.
On Thursday, Governor Gavin Newsom called for a special legislative session to resist Trump’s policies in California.
In response, Republican Assemblyman Jim Patterson wrote on X, formerly known as Twitter, "The governor has just called a special session to “resist” a second Trump presidency. But no special session for crime, homelessness and the cost of living? Californians deserve real solutions to their problems, not political games from a governor who wants to be president."
The special session will take place in December.