Tuesday, 11 December, 2018


Paul Ryan shoots down Trump's birthright citizenship plans

Trump says he plans to end birthright citizenship for some US-born babies Trump says he plans to end birthright citizenship for some US-born babies
Bennie Garza | 31 October, 2018, 13:43

President Donald Trump is making another hard line immigration play in the final days before the midterm elections, declaring that he wants to order an end to the constitutional right to citizenship for babies born in the United States to non-citizens.

According to CNN, he said this in a television interview taped on Monday.

But he also went further and said he sees the constitutional question as settled, guaranteeing citizenship to most people born on USA soil even if to illegal immigrant parents.

The 14th Amendment to the Constitution affirms that, with very few exceptions, all persons born in the USA are American citizens, regardless of the immigration status of their parents, said the American Immigration Council. It's in the process.

Trump would target the citizenship right through an executive order, he told Axios in an interview published on Tuesday, a move that would prompt a legal fight.

Because birthright citizenship is protected by the Constitution, Trump's executive order will likely force courts to enter a constitutional debate over the 14th Amendment.

Trump told Axios in an interview released on Tuesday that he believes he can get rid of birthright citizenship by using an executive order.

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).

Changing an amendment in the Constitution would require the support of two-thirds of the US House of Representatives and the Senate and the backing of three-fourths of US state legislatures at a constitutional convention.

The president says he has discussed ending birthright citizenship with White House officials and has been told a constitutional amendment is not necessary.

The 14th Amendment guarantees that right for all children born in the US. "This executive order wouldn't just be unjust-it's unconstitutional", tweeted Washington Democratic Rep. Pramila Jayapal.

"Finally, a president willing to take on this absurd policy of birthright citizenship", the South Carolina Republican wrote. At the same time, the President has derided his predecessor Barack Obama for taking executive actions to block some young undocumented immigrants from deportation, a step Trump said was a presidential overstep.

"Absolutely not. He can sign it, he will be challenged in court and he will lose", John Keller from the Immigrant Law Center of Minnesota said.

In the final days before the November 6 midterms, Trump has emphasized immigration, as he seeks to counter Democratic enthusiasm. "Guess what? You don't", he said, adding that he has run it by his counsel.

Questioned that such an action was in dispute, Trump replied: "You can definitely do it with an Act of Congress".

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