[A plane. Photo Credit to Pixabay]

President-elect Donald Trump has renewed his opposition to birthright citizenship, criticizing the constitutional principle of territoriality, which grants citizenship to children born on U.S. soil.

This policy currently allows children of illegal immigrants and birth tourists to obtain U.S. citizenship.

According to reports, if he returns to the White House, Trump plans to issue an executive order directing governors to prohibit automatic citizenship for children of illegal immigrants and ban birth tourism.

This stance isn’t new for Trump.

Abolishing automatic birthright citizenship was one of Trump’s presidential election pledges during his 2024 campaign.

Trump argues that birthright citizenship unfairly extends privileges such as medical care and the right to vote, traditionally reserved for tax-paying citizens, to children born to illegal immigrants.

He claims this policy incentivizes illegal immigration.

The practice of birth tourism is particularly popular in Korea with islands such as Hawaii and Guam serving as famous destinations.

A simple internet search reveals numerous websites offering birth tourism packages.

For example, Hawaii Center, a birth tourism facilitator, provides comprehensive services ranging from airport pickup to medical care.

Their packages include accommodation, prenatal care, massage, dietary guidance, and household services.

Immigration attorneys and policy analysts point out that birth tourism is not limited to Asian countries.

There is also a lot of interest from Russia, China, and various nations in the Middle East.

These services can cost anywhere from $20,000 to $60,000, depending on the package and location.

Some luxury packages in major cities like Los Angeles or New York can exceed $100,000. 

The debate over birthright citizenship centers on the 14th Amendment, ratified in 1868, which states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

This amendment was originally intended to guarantee citizenship to former slaves and their descendants after the Civil War.

The Supreme Court has consistently upheld birthright citizenship through various rulings, most notably in the 1898 case of United States v. Wong Kim Ark, which confirmed that a child born in the United States to non-citizen parents is automatically a U.S. citizen.

Thus, legal experts and scholars express skepticism about the feasibility of ending birthright citizenship through executive action.

They argue that such a change would require a constitutional amendment rather than an executive order.

During Trump’s previous presidency (2017-2021), a similar proposal failed to advance due to constitutional constraints.

Constitutional experts emphasize that modifying birthright citizenship would require amending the Constitution, a process far more complex than issuing an executive order.

Critics warn that restricting birthright citizenship could fundamentally alter the character of a nation built on immigration.

Any attempt to modify this fundamental right through executive action would likely face immediate legal challenges, potentially leading to a prolonged constitutional battle in the courts.