Trump Plans To Use An Executive Order To Suspend The 14th Amendment

Donald Trump

Donald Trump

President Donald Trump says the right to citizenship for babies born to non-U.S. citizens on American soil "will be ended one way or the other".

"The fact of the matter is this: The U.S. Constitution - the 14th Amendment ensures that anybody who is born here or naturalized here is entitled to the benefits that U.S. citizenship provides", Little said.

Trump told the show "Axios on HBO" that he has discussed ending birthright citizenship with legal counsel and plans to move forward - which will nearly certainly bring on legal fights.

The 14th Amendment and the Immigration and Naturalization Act of 1952, both ratified by Congress, state that people born in the U.S. and subject to its jurisdiction are citizens at birth.

"Well you obviously can not do that, you can not end birthright citizenship with an executive order", Ryan said. In simple terms, this means that, even if children are born to immigrants, they are still considered USA citizens if they are born "within and subject to the jurisdiction of the United States". "It's ridiculous. It's ridiculous, and it has to end", explained Trump to Axios, moments before asserting an executive order was already in the works and "it'll happen" in the end.

Such a practice to give citizenship to anyone born in the "ridiculous", Mr. Trump said.

Trump campaigned on lowering immigration, and wants to target what he called "anchor babies", or children born to unauthorized immigrants who help the parents establish citizenship.

There are some scholars, though, that say the case, the Wong Kim Ark decision, was wrong because the 14th Amendment was misinterpreted. "You can definitely do it with an act of Congress".

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More than 30 other countries, majority in the Western Hemisphere, also provide birthright citizenship.

"Eliminating birthright citizenship would do nothing to solve our immigration issues", said Beth Werlin, executive director of the American Immigration Council.

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

On Oct. 30, he added: "The United States is one of two developed countries in the world who grant citizenship based on location of birth". Under the current law, when the children, born to the unauthorised citizens in the United States, turn 21 they can sponsor their families also for becoming USA citizens.

An executive order is "in the process".


"This is a transparent and blatantly unconstitutional attempt to sow division and fan the flames of anti-immigrant hatred in the days ahead of the midterms".

But the top Republican in Congress, Speaker Paul Ryan, said the president does not have that power.

CNN reported that attempting to undo birthright citizenship that way "is certain to set off a legal fight that could potentially wind up in the Supreme Court over his authority to issue Executive Orders with such broad scope".

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