US Constitution doesn't cover birthright citizenship, says Trump

01 November, 2018, 09:12 | Author: Lucy Floyd
  • Trump to end right to citizenship for US-born babies

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.

"So-called Birthright Citizenship, which costs our Country billions of dollars and is very unfair to our citizens, will be ended one way or the other", Trump tweeted.

The Pentagon this week said it would deploy more than 5,000 active-duty soldiers to the southern boundary, as thousands of Central American migrants head north through Mexico. "And I'll tell you they look a lot bigger than people would think", he told ABC.

The comments come a day after Ryan threw cold water on the President's assertion that he can use executive action to end the constitutional guarantee of citizenship to anyone born in the United States.

Trump doubled down on his commitment to upending the 14th Amendment to the riled-up crowd chanting, "USA!"

"We're a nation of immigrants so if I were to bet I would think the president is going to lose", he said. "We will get rid of all of this".

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"Just so you understand, a person comes in - was never in our country before - has a baby, now all of a sudden the baby is a United States citizen".

Under the Constitution's 14th Amendment, enacted in the wake of the Civil War to ensure that black Americans previously subject to slavery had full citizenship rights, citizenship is granted to "all persons born or naturalized in the United States".

"That's the case with President Trump's proposal to end "birthright citizenship" through an executive order", George Conway wrote.

Added to the Constitution in 1868-150 years ago-the 14th Amendment has been considered in various Supreme Court decisions over the years.

According to a 2015 Pew Research Centre poll, 60% of Americans were against ending birthright citizenship.

"That's one of the interesting things about birthright citizenship".

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During the Axios interview, Trump complained, "We're the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States.... with all of those benefits".

THE FACTS: Scholars widely pan the idea that Trump could unilaterally change the rules on who is a citizen. "It is not covered by the 14th Amendment because of the words 'subject to the jurisdiction thereof'". According to a Pew survey, the number of children born to unauthorised immigrants in the U.S. rose dramatically from 30,000 in 1980 to 370,000 in 2006, though it has been declining since then.

In Trump's Monday interview with Fox, he said the US also plans to build tent cities to house migrants seeking asylum, who would be detained until their cases were completed.

And Peter J. Spiro, a law professor at Temple University in Philadelphia, told the Times, "The conventional understanding is absolutely clear that children born in the United States are citizens of the United States, with the insignificant exception of the children of diplomats".

"I'd rather do it through Congress because that's permanent, but we can certainly do it through - I really (believe) we can do it through executive order", he added, noting he had discussed the issue with legal scholars. And 84 years later in its 1982 ruling in Plyler v. Doe, the Supreme Court ruled that even if one enters the USA illegally, they were within US jurisdiction-which means that any of their US -born children enjoy 14th Amendment protections.

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