Why Trump wants to take birthright citizenship out of the Constitution

01 November, 2018, 09:11 | Author: Mable Gonzales
  • Trump wants to end birthright citizenship in the U.S.

The extraordinary rebuke from Trump came one day after Ryan pushed back on the president's remarks on the issue, saying "you can not end birthright citizenship with an executive order".

An executive order would spark an uphill legal battle for Trump about whether the president has the unilateral ability to declare that children born in the U.S. to those living here illegally aren't citizens.

Reid said Wednesday that he changed his stance on birthright citizenship after a talk with his wife, who reminded him that her father was an immigrant.

"The Constitution does not - I say that to the media - does not require it".

In a series of tweets, Mr Graham called birthright citizenship an "absurd policy", saying he has always supported eliminating it. And he said he plans to erect tent cities along the southern border to house undocumented migrants who enter the country illegally, again criticizing the so-called catch-and-release program that he contends let tens of millions of "illegal" immigrants into the United States. "But President Trump doesn't understand that, or care to, as he has apparently decided that flippantly threatening to upend the Constitution to exploit anti-immigrant sentiment is good politics", Senator Patrick Leahy said.

Kobach, the Kansas secretary of state, is Trump's biggest political ally in the state and has advised the White House on homeland security issues.

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

His comments come days after he told "Axios on HBO" that he could revoke the policy, a right enshrined in the 14th Amendment, via executive order.

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". In addition to birthright citizenship, he has also targeted "chain migration" and the diversity lottery system. "Unless the Supreme Court intends to overrule precedent that is more than 100 years old, the order will be a nullity", he said.

The term refers to the automatic right to citizenship for children born in the U.S., even to non-citizens. "It is not covered by the 14th Amendment because of the words 'subject to the jurisdiction thereof'".

One student shot at Butler High School in Matthews, authorities say
Classes went on as scheduled for students who opted to stay on campus, CBS Charlotte reports. The superintendent said the school will be closed on Tuesday.

Watch above, via Fox News.

Meanwhile, US lawmakers continued to criticise Donald Trump for his view on birthright citizenship.

"Where we obviously totally agree with the President is getting at the root issue here, which is unchecked illegal immigration", Ryan said.

Napolitano said that the debate over birthright citizenship isn't serious, disagreeing with Jonathan Turley's argument.

There is ZERO chance either Gorsuch or Kavanaugh would find that a phone and a pen can abrogate the 14th Amendment.

Most legal scholars say the jurisdiction language denies citizenship only to those who are not bound by USA law, such as the children of foreign diplomats.

He referenced court rulings later that "only children of legal residents are citizens" and that "Congress could clarify legislatively that the children of noncitizens are not subject to the jurisdiction of the United States, and thus not citizens under the 14th Amendment".

"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.

The country is facing a massive backlog of immigration cases - some 700,000 - and there are more and more families coming across the border from Central America - groups who can not be simply returned over the border.

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