President Trump, “I will order an end to birthright citizenship.”
President Trump, “The birthright citizenship, the anchor baby, birthright citizenship, it’s over, not going to happen.”
President Donald Trump is intensifying his hard-line immigration stance heading into the midterm Congressional elections
He declared that he wants to order an end to the “ridiculous” constitutional right to citizenship for babies born in the United States to non-citizens.
With 7 days to go before elections he is focused on immigration, and is seeking to energize his supporters and help Republicans keep control of Congress.
The President has dispatched additional regular Army troops to the southern border, and will set up tent cities for asylum seekers, the catch and release days of old are over.
American conservatives have long called for the end to birthright citizenship.
An executive order to revoke the right would spark a court fight over whether the President has the unilateral ability to change an amendment to the Constitution.
The 14th Amendment says, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Asked about the legality of such an executive order, President Trump said, “they are (his constitutional lawyers) saying I can do it just with an executive order.” He added that “we are (1 of ) the only countries in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States.”
The President said White House lawyers are reviewing his proposal. The White House did not provide further details.
A person familiar with the internal White House debate said the topic of birthright citizenship had come up inside the West Wing at various times over at least the last year.
White House lawyers have debated the topic, and expect to work with the Justice Department’s Office of Legal Counsel to develop a legal justification for the action. It is one of many immigration changes being discussed including asylum law changes, and barring the migrant caravan from entering the country.
The President may be on the right side of this issue.
Jon Feere, a senior adviser at Immigration and Customs Enforcement, is among those who has long argued that that the President could limit the citizenship clause through executive action.
“A President could direct his agencies to fall in line with his interpretation of the Supreme Court’s rulings, which are arguably limited to children of permanently domiciled immigrants (the court has never squarely ruled on children born to tourists or illegal aliens). He could direct his agencies to issue Social Security numbers and passports only to newborns who have at least one parent who is a citizen or permanently domiciled immigrant,” he wrote in Y 2015.
The President has said: “The birthright citizenship, the anchor baby, birthright citizenship, it’s over, not going to happen.”
The 1st line of the 14th Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”
Republicans in Congress continue introducing bills to end birthright citizenship, including legislation this session from conservative GOP Representative Steve King (Iowa) who has aligned himself with nationalist political leaders abroad. Mr. King’s bill has almost 50 co-sponsors in the House.
Mr. King said he had not discussed the issue with the president at any length in recent months, but that it had come up “in passing” several times in group discussions. He said he hadn’t personally considered birthright citizenship to be part of the caravan issue and applauded the president for connecting the issues.
“Sending this message out, it’s another component of saying to the caravan: Do not come in here. Some are pregnant, no doubt,” he said.
There has never been a Supreme Court case on the issue, it has never been tested.