President Donald Trump claims Congress can overturn birthright citizenship through legislation rather than constitutional amendment, but constitutional experts reject this view as legally unfounded.

After the Supreme Court blocked Trump's executive order eliminating birthright citizenship, the president pivoted to Congress. He argued that a constitutional amendment, which he called "long and unwieldy," was unnecessary and that lawmakers could simply pass a law to strip citizenship rights from children born to non-citizen parents.

Constitutional scholars and immigration law experts dispute this premise entirely. The 14th Amendment's citizenship clause, ratified in 1868, grants citizenship to persons born in the United States regardless of parental status. This constitutional protection cannot be erased by statute. Any change requires a constitutional amendment, a process demanding two-thirds approval from both chambers of Congress and ratification by three-fourths of the states.

The Supreme Court's majority opinion, which blocked Trump's order, implicitly reinforced this constitutional barrier. The justices found his executive action violated existing law and the Constitution itself. The ruling suggests that only a constitutional amendment could alter birthright citizenship protections.

Trump's legislative strategy faces multiple obstacles. While Republicans control Congress, achieving a two-thirds supermajority in both chambers for an amendment is difficult. The ratification requirement adds another layer of complexity, requiring support from 38 states. Democratic-led states would likely block approval.

Trump has made ending birthright citizenship a centerpiece of his immigration agenda. His campaign repeatedly targeted the policy as encouraging illegal immigration. The executive order he signed in his second term attempted an immediate elimination without legislative input, prompting immediate legal challenges.

The gap between Trump's legislative proposal and constitutional reality reflects the broader tension in his immigration approach. Executive power has limits. Congressional legislation cannot override the Constitution. Only formal amendment can change the 14th Amendment's text.

Experts expect future legal battles if Congress attempts to pass laws restricting birthright