Trump Plans Big Change to Citizenship Rules

Trump Is Planning to End Birthright Citizenship Through Executive Order

Peter Schuck is perhaps the most prominent advocate of the idea that birthright citizenship is not conveyed by the Constitution to children of parents who are living illegally in the U.S. Even he says "Trump clearly can not act by" executive order. Some of Trump's previous immigration executive orders, including an attempt to bar entry to citizens from some Muslim-majority countries, came under legal scrutiny after a chaotic drafting process.

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

But Trump's executive orders on immigration have been met with heavy legal challenges before, and the USA constitution states: " All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States".

President Trump is planning to use an executive order to strip birthright citizenship from America's laws, rather than trying to change the Constitution through an act of Congress.

Revoking birthright citizenship would spark a court fight over whether the president has the unilateral ability to change an amendment to the Constitution. "There are folks who say that you know, to be an American is to embrace an idea". The host pointed out that this is in dispute.

Trump told Axios he had discussed the move with legal counsel and had been told it could be accomplished with a presidential order.

"President Mr. Trump's new claim he can unilaterally end the Constitution's guarantee of citizenship shows Republicans' spiralling desperation to distract from their assault on Medicare, Medicaid and people with pre-existing conditions", she said.

Since the adoption of the 14th Amendment to the US Constitution on July 9, 1868, the citizenship of persons born in the US has been controlled by its Citizenship Clause, which 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".

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"The very words of the 14th Amendment make it clear that people born here are citizens", Pearson said.

Opponents of birthright citizenship have branded babies born in the United States 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.

Neither Graham nor Trump gave any details about the latest plan, and the White House did not respond to a request for comment.

The US will also send about 5,200 active-duty troops to "harden" the border, the Pentagon announced on Monday.

Trump's proposal seems to rely on the work of a small but vocal group of conservative legal scholars who argue the 14th Amendment has always been misread.

Former U.S. attorney Andy McCarthy said Tuesday that President Trump is "right on the substance" when it comes to the 14th Amendment and potentially curbing birthright citizenship.

With that said, Yegani is skeptical as to whether Trump will actually move forward with this plan.

The problem with this interpretation is that it's relatively new, and runs contrary to the way the 14th amendment has been enforced since ratified in the 19th century.

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