Trump claims he can defy Constitution and end birthright citizenship

01 November, 2018, 05:46 | Author: Roderick Gutierrez
  • President Donald Trump

Trump's remarks came in an interview with the news website Axios released Tuesday and follow similar hardline immigration rhetoric from the president seen in the weeks leading up to the midterm elections. "It was always told to me that you needed a constitutional amendment", he told Axios. But said in the next breath he believes "we can do this by executive order".

Any move by Mr Trump is sure to be challenged in the courts, resulting in chaos similar to that witnessed when the president sought to ban citizens from some Muslim-majority countries through executive orders, though it can also result in the judges finally clarifying whether the 14th amendment should apply to immigrants. "If you are born in the United States, you're a citizen", he said, adding that it was "outrageous that the president can think he can override constitutional guarantees by issuing an executive order".

Judge Andrew Napolitano said Wednesday on "Outnumbered" that Congress can not stop the child of an undocumented parent from becoming a legal American citizen.

Just one week before the election, President Trump said he can change what it means to be born in America. "Guess what? You don't". His administration announced the deployment of 5,200 troops to protect the frontier as the "caravan" continues to advance - though it is still weeks, if not months, from reaching the United States border.

But most scholars on the left and right share the view that it would take a constitutional amendment to deny automatic citizenship to children born in the U.S.to parents who are in the country illegally.

Trump campaigned on cutting down on immigration and what he calls "anchor babies", a term his opponents have deemed "vile" or racist.

"Birthright citizenship defines who we are as a nation and is a core part of our American heritage and history".


The practice extends citizenship to children born in the United States, even if their parents are unauthorized immigrants. The result of that interpretation is that each year an estimated 300,000 to 350,000 new American citizens are birthed by illegal aliens.

Under the current interpretation of the 14th Amendment, passed following the Civil War to ensure freed slaves would not be denied citizenship, anyone born in the U.S. automatically becomes an American citizen.

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

The U.S.is among about 30 countries where birthright citizenship - the principle of jus soli or "right of the soil" - is applied, according to the World Atlas and other sources. This is different, Napolitano said, for illegal immigrants who can be prosecuted and can sue in court because they are subject to the law as American citizens are. Trump wrote in a Twitter post.

Revoking birthright citizenship would have immediate and far-reaching consequences, it said.

In an interview with Fox News that aired Monday night, Trump said he planned to sign an executive order ending the citizenship practice. It is not covered by the 14th Amendment because of the words "subject to the jurisdiction thereof". "We - House Republicans and this President - are in total agreement on the need to stop illegal immigration, to secure our border and fix our laws".

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