Business

DeSantis Proposes Ending Birthright Citizenship As He Runs To Trump’s Right On Immigration

June 27, 2023

Topline

Florida Gov. Ron DeSantis (R) said he would end birthright citizenship as president despite serious legal obstacles, ramp up deportations beyond Trump-era levels, restart border wall construction and require migrants to be detained while awaiting court dates, among other immigration proposals laid out Monday as he seeks to run to the right of former President Donald Trump.

Republican presidential candidate, Florida Gov. Ron DeSantis, stands on the banks of the Rio Grande … [+] during a press conference on June 26, 2023 in Eagle Pass, Texas. Gov. DeSantis visited the border along the Rio Grande and engaged residents and voters while speaking on border security at an event earlier in the day. (Photo by Brandon Bell/Getty Images)

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Key Facts

DeSantis vowed to “end the idea that the children of illegal aliens are entitled to birthright citizenship if they are born in the United States,” arguing that it is “inconsistent with the original understanding of the 14th Amendment,” while promising to “force the courts and Congress to finally address this failed policy.”

Republicans in Congress have proposed ending birthright citizenship for years and Trump has also vowed to reprise the idea if re-elected, but legal experts have said the change would likely require a constitutional amendment and any executive order or legislation aimed at undoing the policy would face legal challenges subject to judgment by the courts.

The idea clashes with most interpretations of the 14th Amendment, which grants citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.”

DeSantis also said he would declare a national emergency on immigration and proposed a crackdown on drug cartels, including steeper penalties for traffickers and possible sanctions for cartel leaders and their affiliated entities.

He said he would send the military to the border and threatened to deploy troops to Mexico to fight drug cartels, which he said he would declare “transnational criminal organizations.”

DeSantis’s campaign unveiled the plan—his first major policy proposal of his 2024 presidential bid—during a visit to Eagle Pass, Texas, on Monday in conjunction with an ominous video highlighting the record number of migrants who crossed the border in fiscal year 2022 and what DeSantis claimed was an influx of drugs and crime tied to illegal immigration.

Crucial Quote

“Dangling the prize of citizenship to the future offspring of illegal immigrants is a major driver of illegal migration. It is also inconsistent with the original understanding of the 14th Amendment, and we will force the courts and Congress to finally address this failed policy,” DeSantis said Monday.

Tangent

DeSantis attributed what he describes as a “crisis” at the southern border to both Trump and President Joe Biden. His campaign accused Trump of deporting fewer undocumented immigrants than former President Barack Obama in a tweet over the weekend accompanied by a clip of Trump promising “the largest domestic deportation operation in American history.”

Key Background

DeSantis unveiled the policy as he trails Trump by 32 points in polls, according to FiveThirtyEight’s poll tracker. Immigration has also been a challenging issue for the Biden Administration as border arrests remain near record levels, causing the White House to face legal battles and attacks from both sides of the aisle. The administration has sought to limit illegal border crossings while lifting some stringent Trump-era rules against undocumented immigrants and asylum-seekers, but some 60% of Americans disapprove of Biden’s immigration policies, according to a recent AP-NORC poll. As governor, DeSantis’s immigration policies have also prompted widespread backlash, including his administration’s decision to arrange flights for migrants from Texas to California and Martha’s Vineyard. His new policy designed to limit the number of undocumented workers in Florida and penalize companies who employ them takes effect July 1, but has already prompted concerns that the policy would cause some industries to lose 10% of their workforce at a time when the state is experiencing a labor shortage.

Chief Critic

The Trump-aligned MAGA super PAC hit back at DeSantis’s immigration announcement by highlighting a 2021 tweet in which the governor praised Trump’s border policies and blamed Biden for “the disaster” at the southern border. “President Trump secured America’s border, just ask Ron DeSantis,” MAGA said in a statement. In a Truth Social post on Monday, Trump, referring to DeSantis as “DeSanctus,” said his speech announcing the immigration proposal “was just a rehash of all the things I did to have the “safest and strongest Border in U.S. history.”