Trump to end right to citizenship for US-born babies
31 October, 2018, 15:31 | Author: Donnie King
An executive order is "in the process". "And so this was essentially putting out a welcome mat to immigrants by ensuring that their children born here would be citizens".
Peter Schuck is perhaps the most prominent advocate of the idea that birthright citizenship is not conveyed by the Constitution to children of parents who are living illegally in the U.S. Even he says "Trump clearly can not act by" executive order.
President Trump is planning to use an executive order to strip birthright citizenship from America's laws, rather than trying to change the Constitution through an act of Congress.
But while the question of whether President Trump can stop birthright citizenship for children born to illegal immigrants with an executive order is important - it depends on which reading of the 14th amendment you subscribe to - more timely perhaps is the question of whether or not he should. "It was always told to me that you needed a constitutional amendment", he told Axios. "Guess what? You don't", he said in the Axios interview.
"Now they are saying I can do it with an executive order".
Fear and loathing at the White House. The Executive can not unilaterally change those facts. As a firm believer in our constitutional form of government and the separation of powers, the President can not unilaterally alter the Constitution. Amendments to the Constitution require two-thirds of Congress voting to support them as well as ratification of three-quarters of states.
As early as 2015, Trump characterized birthright citizenship as a "magnet" for illegal immigration and the 14th Amendment as "questionable" in this context.
Pursuant to the Fourteenth Amendment to the United States Constitution and the Immigration and Nationality Act (INA), U.S. citizenship is automatically granted to any person born within and subject to the jurisdiction of the United States, Wikipedia reports. Mexico does not consider people to be citizens - even if their parents are - until they turn 18, which is when they can vote, hold office or join the military.
Mana Yegani, an immigration lawyer based in Houston, Texas, told Business Insider, "I think the President will do whatever he wants to please his base". Birthright citizenship allows any baby born on USA soil to automatically be a US citizen. He adds, that while the president certainly could sign an executive order it wouldn't withstand a court challenge.
Sarah Turberville directs The Constitution Project at the Project on Government Oversight and says Trump is "not a king" and "can't announce what the law is".
Donald Trump has unveiled plans to ban babies born to illegal immigrants from automatically becoming U.S. citizens.
"This is a blatantly unconstitutional attempt to fan the flames of anti-immigrant hatred in the days ahead of the midterms", the American Civil Liberties Union tweeted Tuesday.
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