Trump’s proposals to end birthright citizenship sparks fear, legal scrutiny
Explained: Trump's promise to end birthright citizenship
Incoming White House officials have outlined a plan for several actions, which are aimed at tightening the U.S. immigration system. One of the most controversial elements is a push to end birthright citizenship. This policy grants U.S. citizenship to anyone born on American soil.
SEATTLE, Wash. - President-elect Donald Trump is expected to unveil a series of executive orders addressing immigration policy as soon as he is sworn into office. Incoming White House officials have outlined a plan for several actions, which are aimed at tightening the U.S. immigration system.
One of the most controversial elements is a push to end birthright citizenship. This policy grants U.S. citizenship to anyone born on American soil.
Birthright citizenship is enshrined in the 14th Amendment to the U.S. Constitution, 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."
The other side:
Critics of the policy, including many conservatives, argue that it encourages "birth tourism," where foreign nationals come to the U.S. to give birth, granting their child automatic citizenship.
What's next:
"I’m up for the challenge," Diane Butler, chair of the Immigration Group Practice at Davis Wright Tremaine, who has practiced immigration law for 30 years, said.

Davis Wright Tremaine
Looking back at Trump's prior administration —there were 1,000 or more changes to regulations and policy for immigration. "We’re anticipating a lot of change," Butler said. She says many of her clients, particularly employers, are already preparing for possible immigration policy shifts.
"They’re looking at getting their paperwork in order, they’re looking at who their employees are," Butler said, referencing the impact on H1B visa holders. These visas, often used for skilled workers, require a job that necessitates at least a bachelor’s degree, with applicants needing either a U.S. degree or an equivalent foreign qualification.
Dig deeper:
Abolishing or updating the 14th amendment, Butler explained, would require a constitutional amendment, a difficult process that involves two-thirds of both the House and Senate, followed by ratification by three-fourths of the states.
"To abolish the 14 amendment the birth by citizenship on US soil would be a tremendous change to our history and our culture," Butler said.
"If there were a change that said you must have both parents born in the United States in order to be a citizen, that would create significant legal and logistical challenges," Butler said. The implications of ending birthright citizenship, she says would render birth certificates "practically meaningless" as proof of citizenship.
"If we were to move forward with this, it would probably mean creating a whole new infrastructure and a new application process to prove you are a U.S. citizen," she said. "And it could go all the way to the Supreme Court."
What they're saying:
Now there is talk among conservatives who want to discuss the phrase "subject to jurisdiction," which typically applies to foreign diplomats and seek to put documents in that same category; however, it's not the same, according to Butler. As she points out, undocumented individuals in the U.S. are still subject to U.S. laws, including criminal and immigration laws.
"I think that’s right," Butler said, responding to the suggestion that this legal shift would "weaponize" a small part of the 14th Amendment. "It just feels like using birthright citizenship and limitations in an effort to curtail immigration is like throwing the baby out with the bath water."
Even if Trump attempted to implement a policy through executive orders, Butler pointed out that it would likely face immediate legal challenges and could be tied up in the courts.
Local perspective:
For Dora Poqui, the fear of losing her husband due to U.S. immigration policies is a constant, haunting reality. As a U.S. citizen, Poqui feels the weight of both her legal status and the uncertainty surrounding her husband, who is an undocumented Mexican immigrant.

Washington resident Dora Poqui
At 60 years old, Poqui reflects on her journey from Tulia, Texas, to Washington State, where she moved after a divorce and became a single parent to six children. Her family’s roots trace back to Mexico, with her father born in Pala, Mexico, and her grandparents, who once owned land in Texas, forced to return to Mexico after the border was drawn. "Back then, it was a lot easier. They would come to work in the fields," Poqui said.
Poqui’s family, like many immigrant families, built their lives around hard work. "Think about that one dollar an hour," she said, recalling summers spent working 10-hour days in the fields for $10. Despite the hardship, Poqui sees immigrant workers as the foundation of America. "We are the foundation of America because we did those jobs that everybody says we’re taking. Immigrants are the ones who make the world go around. They are the ones who do the job."
But the fear of deportation has been a constant cloud hanging over her family, especially now under the Trump administration. Poqui’s husband, who has lived in the U.S. for many years without legal status. He's helped raise her children, their grandchildren, he's the ‘head of household’.
"I don’t know if he’s going to go to work and not come home," Poqui said, eyes filled with tears. "What’s gonna happen? They’re going to stop him, and he’s gone."
The couple has been married for 10 years, but Poqui’s husband’s undocumented status has placed their future in constant jeopardy.
As Trump continues to push forward with restrictive immigration policies, Poqui fears for her husband’s health, safety, and well-being. He is diabetic and dependent on insulin, and Poqui cannot fathom what his life would be like if deported. "What can you do in Mexico with his age?" Poqui asked.
For Poqui, the emotional toll of the administration’s policies is deeply personal. Her family is a part of the fabric of America, contributing to society through their hard work.
"We’re not rapists. We’re not drug dealers. We’re not here to hurt anybody. We’re not living off the system. We’re working. We’re hard workers," she said, emphasizing the value that immigrants like her husband bring to the country.
Yet, Poqui is faced with the looming threat of a deportation order that could tear her family apart. The fear is palpable.
Her niece, who was born in Mexico, calls her regularly, expressing her own fears about the future. "What if I get taken away from my kids?" Poqui recounted her niece asking. She remains firm U.S.-born children are citizens by right but she still worries about the toll these policies are taking on immigrants and their children.
"I live in fear, but I have hope," Poqui said. "I see that wall, and I get emotional. These policies are wrong. They’re wrong because our next generation. I don’t even know what’s going to happen to them."
"It’s going to be a trying time," Butler said. "I hope there will be consideration for the humanity of the people who are here and real solutions that can be delivered."
Poqui says her husband's words the night the 2025 election results were announced keep her hopeful, he said, ‘he’s just a man if you live in fear guess what he’s gonna win, so instead let’s all stand together'," Poqui said.
"The power lies within us. We are immigrants, we have the ability to fight for what is right," Poqui said. "He’s not going to win this, we’re gonna continue to fight."
The Source: Information for this report comes from original interviews from FOX 13's Alejandra Guzman.
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