Experts warn DeSantis' plan to end birthright citizenship is unconstitutional and may blow up in his face

Florida Gov. Ron DeSantis has rolled out a new campaign proposal in his attempt to outflank former President Donald Trump from the right: abolish birthright citizenship, or the principle that those born in the United States are citizens of the United States regardless of their parents' status.

The problem is, that's actually a constitutional protection, not a law that can be summarily repealed — and even DeSantis' move to push the issue can hurt him with voters — according to an analysis by the Miami Herald.

"Legal experts — and even some Republicans — are skeptical of the proposal, which would likely run into legal hurdles," reported Max Greenwood and Ana Ceballos. "'It’s unrealistic,' Republican former U.S. Rep. Carlos Curbelo, who condemned Trump’s proposal in 2018, told the Herald. 'It wouldn’t even solve much considering most people who immigrate illegally are seeking economic opportunity — not the opportunity to birth citizens.' He warned that 'It can get you some attention in a GOP primary, but it will have a cost with Hispanic voters and swing voters in a general election.' And even Sen. Rick Scott, DeSantis' predecessor, dodged the question of whether he supports ending birthright citizenship, saying securing the border should be the priority."

Birthright citizenship around the world varies, but broadly speaking, most countries in the western hemisphere guarantee birthright citizenship, while most countries in the eastern hemisphere do not — a practice that dates back to the European empires creating legal incentives for people to move to their colonial holdings in the New World. In the United States, however, birthright citizenship comes from the 14th Amendment, which was passed by Congress in the aftermath of the Civil War to overturn the Supreme Court's Dred Scott decision, which held that Black people in America are not citizens and lack standing to sue for their rights.

DeSantis has claimed that the amendment was not intended to also automatically apply to the children of immigrants; but experts have broadly said this is wrong. A review of the congressional debate surrounding the 14th Amendment's adoption in 1866 shows that lawmakers were clearly aware the amendment would impact immigration as well, with some nativist senators like Edgar Cowan (D-PA) opposing the amendment for that very reason.

In order to end birthright citizenship, noted the report, DeSantis "will have to face the 14th Amendment of the U.S. Constitution, which states that '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.'" University of Miami law professor Kunal Parker told the Herald that the language of the 14th Amendment is "actually pretty clear," and "said that doing away with birthright citizenship would likely require amending the U.S. Constitution," which takes two-thirds of Congress to approve and three-quarters of states to ratify.

Trump himself has previously pledged he would end birthright citizenship if re-elected, but similarly didn't offer clear details. In 2019, while in office, he claimed he was looking at abolishing the right, but the matter never went anywhere after that.