President Donald Trump is wasting no time in addressing immigration during his second term, issuing an executive order aimed at ending birthright citizenship for children born in the United States to illegal immigrants. This controversial move reignites a long-standing debate over the interpretation of the 14th Amendment and its implications for immigration policy. While the executive order has sparked intense political and legal discussions, the question remains: can this change be made without congressional approval?

What Is Birthright Citizenship?
Birthright citizenship, also known as jus soli (the right of the soil), guarantees U.S. citizenship to anyone born on American soil, regardless of their parents’ immigration status. This principle is rooted in 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.”

For decades, this interpretation has been a cornerstone of U.S. immigration policy. However, critics argue that it has been exploited, leading to so-called “birth tourism” and incentivizing illegal immigration. Supporters of birthright citizenship maintain that it is a fundamental right and part of America’s identity as a nation of immigrants.

Trump’s Executive Order
In his executive order, Trump has directed federal agencies to deny automatic citizenship to children born in the U.S. whose parents are illegal immigrants. The administration argues that the phrase “subject to the jurisdiction thereof” in the 14th Amendment does not apply to individuals who are in the country illegally.

Trump’s action is unprecedented and is expected to face immediate legal challenges. Critics argue that changing the interpretation of the 14th Amendment requires a constitutional amendment, not an executive order. Legal scholars are divided, with some asserting that the executive branch lacks the authority to redefine constitutional provisions without congressional or judicial involvement.

Does Congress Need to Get Involved?
The debate over whether Trump’s executive order can stand without congressional approval is at the heart of this issue. While the president has broad authority to issue executive orders, altering the interpretation of the Constitution traditionally falls under the purview of Congress and the courts.

If upheld, the order could bypass Congress, but many legal experts believe it will ultimately land in the Supreme Court, where its constitutionality will be tested. Congress, meanwhile, could introduce legislation to clarify the scope of the 14th Amendment, but such efforts would likely face fierce partisan battles.

What Would This Mean for Illegal Immigration?
If Trump’s executive order survives legal challenges, it could have far-reaching implications for immigration policy. Supporters argue that ending birthright citizenship would deter illegal immigration by removing a key incentive for coming to the U.S. They believe it would reduce the strain on public resources and curb so-called “chain migration,” where U.S.-born children sponsor their family members for legal residency.

However, opponents warn that the order could create a significant population of stateless individuals, leading to humanitarian and logistical challenges. Critics also argue that the move risks further alienating immigrant communities and damaging America’s global reputation as a land of opportunity.

The Political Battle Ahead
Trump’s executive order is already shaping up to be one of the most contentious issues of his second term. Immigration has long been a cornerstone of Trump’s political platform, and this move underscores his commitment to fulfilling campaign promises. For Democrats and immigration advocates, the order represents an overreach of executive power and a direct assault on constitutional rights.

As the legal and political battles unfold, the nation will watch closely to see whether Trump’s bold action leads to a lasting shift in U.S. immigration policy or becomes another flashpoint in a deeply divided political landscape.