Donald Trump reveals plans to end birthright citizenship for babies born to non-citizens
01 November, 2018, 09:14
"Guess what? You don't", a gleeful Trumptold Axios' Jonathan Swan when asked about his desire to end the practice of birthright citizenship, which is based on a longstanding interpretation of the 14 amendment's classification of all persons born or naturalized in the United States "and subject to the jurisdiction thereof" as citizens. "At its core, birthright citizenship is what our 14th Amendment is all about".
As Trump considers an executive action to curtail what he terms "so-called Birthright Citizenship", he tweets that "It is not covered by the 14th Amendment".
In a statement on October 31, Reid said he "made a mistake" by proposing a bill that would alter birthright citizenship, claiming that his wife confronted him shortly after and changed his mind.
"We have to take a look at that legislation", Donnelly said during a debate on Tuesday evening about a bill that would revoke the right, adding, "I'd want to see that legislation and make sure it was constitutional and review it first". "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. "So this isn't a new idea, nor is it one strictly within Donald Trump's head, nor is it one that is strictly a Republican issue or a Democrat issue". "Now, they're saying I can do it just with an executive order".
"You can not end birthright citizenship with an executive order", the Wisconsin Republican told a Kentucky radio station on Tuesday.
This has always been interpreted as meaning if a person is born on United States soil he or she is instantly and automatically a USA citizen.
Obama's 2014 remarks resurfaced not long after former Democratic Senate Majority Leader Harry Reid's previous thoughts on birthright citizenship came under scrutiny. "Unless the Supreme Court intends to overrule precedent that is more than 100 years old, the order will be a nullity", he said.
Trump wrote: "Harry Reid, when he was sane, agreed with us on Birthright Citizenship!".
Stephen Yale-Loehr, a Cornell university immigration expert, said the case against Trump's authority is "not open and shut, but the better view is it would require a constitutional amendment".
"Illegals can be prosecuted, illegals can go to court and sue".
The right to citizenship for anyone born in the United States is guaranteed in the 14th Amendment to the Constitution.
"But the Supreme Court of the United States has never ruled on whether or not the language of the 14th amendment, subject to the jurisdiction thereof, applies specifically to people who are in the country illegally", Pence said. However, White House lawyers expect to work with the Justice Department to develop a legal justification for the action.
The nonpartisan Migration Policy Institute estimates that more than 4 million USA -born children under the age of 18 have an unauthorized immigrant parent.
In an interview with Fox News on Monday, Sen Claire McCaskill, D-Mo., urged Trump to "use every tool he has at his disposal" to halt the caravan of migrants travelling north to the United States, adding, "I 100 percent back him up on that".
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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