Published: Wed, October 31, 2018
World Media | By Cesar Oliver

End birthright citizenship for some US-born babies

End birthright citizenship for some US-born babies

President Donald Trump offered a dramatic, if legally dubious, promise in a new interview to unilaterally end birthright citizenship, ratcheting up his hardline immigration rhetoric with a week to go before critical midterm elections.

Omar Jadwat, director of the Immigrants' Rights Project at the American Civil Liberties Union in NY, said Tuesday said the Constitution is very clear.

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

Legal experts strongly doubt the Supreme Court would rule in favor of the president.

Mr. Trump told online political outlet Axios in an interview released Tuesday that he will pursue an executive order on birthright citizenship.

The 14th Amendment holds that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States".

"You know as a conservative, I'm a believer in following the plain text of the Constitution", Ryan added. "But now they are saying, I can do it just with an executive order", Mr. Trump told Axios in an interview.

"Aside from being unconstitutional, such an executive order would exacerbate racial tensions, exploit fears and drive further polarization across the country at a moment that calls for the promotion of unity and inclusion", she said in a statement. The Executive can not unilaterally change those facts.

Also, changing an amendment in the Constitution would require the support of two-thirds of the US.

Jadwat said the president has an obligation to uphold the Constitution.

"It's in the process", said Trump.

Trump's potential legal argument for overriding the common interpretation of the 14th Amendment and the INA, both ratified by Congress, amounts to challenging whether or not unauthorized immigrants to the USA are "subject to the jurisdiction" of the US.

Birthright citizenship is granted in the United States under the Citizenship Clause of the 14th Amendment to the United States Constitution.

Trump spoke to "The Ingraham Angle" hours after the Pentagon announced it would deploy some 5,200 troops to the southern border in what the commander of U.S. Northern Command described as an effort to "harden the southern border" by stiffening defenses at and near legal entry points.

However, the legal challenges to such an executive order would force the courts to decide on a constitutional debate over the 14th Amendment.

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Opponents of birthright citizenship have branded babies born in the USA to non-citizens or illegal immigrants "anchor babies" and have criticized what they call "chain migration", a practice which allows those children who receive citizenship by birthright to later sponsor their non-citizen parents for citizenship.

The American Civil Liberties Union stepped in to question the constitutionality of that move. In July 1868, the United States adopted the 14th Amendment to codify those rights.

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