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Trump Aims to End Birthright Citizenship

31 October, 2018, 15:30 | Author: Ted Wilson
  • Donald Trump

In that interview the president promised he would end the USA law that gives citizenship to anyone who's born within US borders. You don't have to do it.

'You can definitely do it with an Act of Congress.

Speaking to Axios, the president says he wants to push ahead with the crackdown on so-called "anchor babies" after discovering he could do so by signing an executive order.

A portion of the interview was released on October 30, 2018. He discussed the plan in an interview with Axios on HBO that is slated to air Sunday.

But Jon Feere, a legal policy analyst at the Center for Immigration Studies, wrote on the organization's website that some scholars believe the concept of birthright citizenship enshrined in the 14th Amendment can be challenged. "And it has to end". "You don't", said Mr Trump. "We are in the process".

The White House did not provide additional details of the planned executive order on Tuesday morning. "That's what you're talking about".

Krikorian said the executive order is "long overdue" - but Trump's idea to revoke birthright citizenship is "ill-timed" and misguided, says Kristen Clarke, the executive director of the Lawyers' Committee for Civil Rights Under Law. "But, I'm a believer in the Constitution, I believe in interpreting the Constitution as it's written, and that means you can't do something like this via executive order".

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Revoking birthright citizenship in the US could spark a court fight over the president's unilateral ability to change the Constitution's 14th Amendment, which guarantees that right for children born in the U.S.

James Ho, a conservative Trump-appointed federal appeals court judge, wrote in the Green Bag legal journal in 2006 that birthright citizenship "is protected no less for children of undocumented persons than for descendants of Mayflower passengers".

"If they applied for asylum, we're going to hold them until such time as their trial takes place", Trump told Ingraham. Senator Chris Coons, a member of the Senate Foreign Relations Committee, told MSNBC that Trump "was driving a false narrative on immigration" to stoke fear and turn it into an election issue.

"No president can change the Constitution with the stroke of a pen".

Any legislative agenda depends on success in midterm elections next week, the president's biggest electoral test since 2016.

In the 1898 ruling United States v. Wong Kim Ark-a US -born son of Chinese parents who was barred by USA authorities from returning to the country after a visit to China-the court affirmed that USA jurisdiction extended to USA -born children of foreign-born parents.

Most legal scholars say the Supreme Court settled this debate more than a century ago, holding that "subject to the jurisdiction thereof" refers to anyone present in the US, except for the children of diplomats and enemy soldiers (and, at the time, Native Americans).

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