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08/10/2025

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LAWIN.news

Trump unlikely to succeed in eliminating birthright citizenship, says Houston attorney

by LAWIN.news January 21, 2025
written by LAWIN.news January 21, 2025
Photo: Houston Public Media
105

HOUSTON, Texas — A Houston-based legal expert has weighed in on the likelihood of former President Donald Trump successfully eliminating birthright citizenship, suggesting legal and constitutional challenges would make such a change difficult.

The 14th Amendment of the U.S. Constitution currently guarantees citizenship to anyone born in the country, regardless of their parents’ nationality. This provision, originally passed after the Civil War to secure citizenship for emancipated slaves, has become a cornerstone of American citizenship law.

Jose Perez, an immigration attorney for Foster Global LLC, a statewide law firm, noted that altering this provision would require a constitutional amendment, which can only be achieved by a two-thirds majority in both the House of Representatives and the Senate or through a constitutional convention initiated by two-thirds of state legislatures. 

Trump has expressed his intention to challenge birthright citizenship, citing concerns about illegal immigration. Given the current political climate, the attorney suggested that reaching these thresholds is unlikely.

The attorney also pointed out that any attempt to bypass Congress and amend the Constitution through an executive order would likely face legal challenges, with the U.S. Supreme Court potentially becoming a key battleground for the issue.

Houston, known for its diverse population, could be significantly impacted by any change to birthright citizenship.

Approximately one in four residents of the city is foreign-born, with many families having U.S.-born children. Changes to birthright citizenship could affect a substantial portion of the local population.

The attorney also highlighted potential economic impacts, noting that immigrants play a vital role in Houston’s economy, particularly in sectors like healthcare, construction, and technology.

Altering birthright citizenship could have consequences for the city’s growth and economy.

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