Trump Doubles Down On Vow To End 'Crazy' Birthright Citizenship

01 November, 2018, 09:14 | Author: Orlando Hughes
  • Trump wants to end birthright citizenship in the U.S.

US President Donald Trump has once again sparked a furor of constitutional law studies by politicos by claiming he can end birthright citizenship in the US all by himself. "At its core, birthright citizenship is what our 14th Amendment is all about".

An executive order would spark an uphill legal battle for Trump about whether the president has the unilateral ability to declare that children born in the USA to those living here illegally aren't citizens.

"We have to take a look at that legislation", Donnelly said during a debate on Tuesday evening about a bill that would revoke the right, adding, "I'd want to see that legislation and make sure it was constitutional and review it first".

"We don't do stunts", Mattis said Wednesday.

Trump did not say when he would sign the order, and some of his past promises to use executive action have gone unfulfilled. "That is a far cry from what President Trump is trying to do".

"They're playing all of us", said David W. Leopold, an immigration attorney and counsel to the immigration advocacy group America's Voice.

Trump floated the idea of changing that in a TV interview with Axios, excerpts of which were made public on Tuesday.

In fact, many legal scholars say the 14th Amendment is clear in conferring citizenship on people born in the United States. Keep in mind [former Democratic Senator] Harry Reid actually attempted to pass a law - well, introduced it - about 30 years ago that actually would have deprived children born in the United States of illegal aliens of citizenship.

Already, even some of the President's defenders downplayed the prospects of successfully ending birthright citizenship by executive order.

The words of a top Democrat proclaiming that "no sane country" would provide birthright citizenship to the children of non-residents was promoted by President Donald Trump on October 31 as he argued that the Supreme Court will ultimately decide the issue.

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Trump campaigned on building a wall on the border with Mexico and reforming USA immigration laws.

"For 130 years there's an uninterrupted stream of case law, including cases written by the Wong Kim Ark justice, Horace Gray, saying that if you come here without consent and you do not have legal status, it is, in the most literal and physical sense, as if you are standing outside of our boundaries in terms of access to the courts, in terms of rights, in terms of everything", Horowitz said.

When asked after the debate about ending birthright citizenship, Yoder told reporters that if the USA secured its borders adequately, "That's not an issue then".

"We're the only country in the world where a person comes in, has a baby, and the baby is essentially a citizen of the United States for 85 years with all of those benefits", Trump said in an interview for "Axios on HBO".

The Supreme Court has never ruled squarely about the clause's application to children of immigrants who are in the USA illegally. It is not covered by the 14th Amendment because of the words 'subject to the jurisdiction thereof.

"But the Supreme Court of the United States has never ruled on whether or not the language of the 14th amendment, subject to the jurisdiction thereof, applies specifically to people who are in the country illegally", Pence said. The White House did not respond to a request for comment.

Many legal scholars agree.

The country is facing a massive backlog of immigration cases - some 700,000 - and there are more and more families coming across the border from Central America - groups who can not be simply returned over the border.

More broadly, Trump's view that USA -born children of foreigners live a lifetime of taking "all those benefits" ignores the taxes they pay, the work they do and their other contributions to society.


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