Donald Trump Targets Children in New Immigration Plan

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Former President Donald Trump announced support for a new immigration plan that would target the children of undocumented immigrants, if he is elected president in 2024.

Trump, who served as president from 2017 to 2021, is again running for a second term, potentially setting up a rematch against President Joe Biden. He made his latest campaign promise on Tuesday, pledging to end “automatic citizenship” for the children of undocumented immigrants.

Immigration has long been a priority for Trump, who sought to limit the number of migrants who could enter the U.S. along the southern border during his term. He has touted himself as the strongest candidate on border security. Critics, however, have accused Trump of embracing inhumane immigration policies that violate U.S. and international law, including the separation of families at the U.S.-Mexico border.

Trump on Tuesday claimed that he will sign an executive order ending automatic U.S. citizenship for children of undocumented immigrants “on day one” of his administration if elected in 2024.

Former President Donald Trump greets supporters during an event at Mar-a-Lago on April 4, 2023, in Palm Beach, Florida. Trump on Tuesday pledged to sign an executive order ending “automatic citizenship” for children of undocumented immigrants, but he would not have the legal authority to do so, one expert told Newsweek.
Alex Wong/Getty Images

“I will sign an executive order making clear to federal agencies that under the correct interpretation of the law, going forward, the future children of illegal aliens will not receive automatic U.S. citizenship,” he said. “It’s things like this that bring millions of people to our country.”

He described the policy as an effort to “choke off a major incentive,” explaining that he would require at least one parent to be a citizen or legal resident for their children to qualify for citizenship.

In a video announcing this plan, Trump described the migrants as “some of the toughest, meanest people you’ll ever see” who come from “mental institutions” and “jails.” He has long faced criticism over his rhetoric surrounding immigrants, often facing accusations of seeking to stoke anti-immigrant sentiment for political gain. Critics point out that many migrants do not have a criminal record and often are seeking economic opportunity.

Newsweek reached out to the Trump and Biden campaigns via email for comment.

Legal Authority to End Birthright Citizenship?

Erin B. Corcoran, associate teaching professor Keough School of Global Affairs at the University of Notre Dame, told Newsweek that Trump would not have the legal authority for such an order as birthright citizenship is in the U.S. Constitution.

Changing the policy would require an amendment to the Constitution, which would be unlikely, given the lack of Democratic support for such a measure. According to the 14th Amendment, “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.”

Corcoran also said that children of immigrants are not allowed to sponsor any new immigrants until they are 21 years old. She explained that while presidents have broad authority over immigration policy on a temporary basis, the most Trump can do to end birthright citizenship is request Congress to amend the Constitution.

“From a legal perspective, this promise that he’s going to eliminate it if he becomes president is not going to work,” Corcoran said. “I think it’s political pandering.”

She described Trump’s promise as an effort to “create division against immigrants,” particularly at a time when the U.S. economy is in need of more labor.

“He’s using this as a way to sort of fuel people’s anti-immigrant sentiment,” she said. “I just think it’s disturbing and unfortunate.”

Jorge-Mario Cabrera, a spokesperson for the Coalition for Humane Immigrant Rights of Los Angeles, also criticized Trump’s plan in a statement to Newsweek, writing that it would be wrong to “go back to old days of codifying certain groups of people as second-class Americans.

“Mr. Trump’s anti-immigrant, xenophobic obsession has worked for his political ambitions, but the work required to change this law will be significant and his attention span is very short. We will oppose every action he takes against immigrants and the children of immigrants born in this country.”

Trump considered an executive order banning birthright citizenship at several points during his presidency but never took action.

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