Trump says birthright citizenship will be ended

Larry Hoffman
November 1, 2018

Mr. Trump jabbed one of the top leaders of his own party after Ryan said Tuesday the president "cannot end birthright citizenship with an executive order", the clearest objection to the president's proposal from GOP leadership.

Trump's remarks came in an interview with the news website Axios released Tuesday and follow similar hardline immigration rhetoric from the president seen in the weeks leading up to the midterm elections. "Guess what? You don't", Trump told Axios.

It turns out that it isn't just President Trump who has expressed his negative views of birthright citizenship.

Although Trump claims that the the "only" country that allows birthright citizenship, there are actually more than 30 countries that do so, according to Axios.

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". Lindsey Graham-who said he plans to introduce legislation to end birthright citizenship.

At the same time, the President has derided his predecessor Barack Obama for taking executive actions to block some young undocumented immigrants from deportation, a step Trump said was a presidential overstep.

"Certainly if he can do DACA, we can do this", he said, referring to an executive order.

The troop numbers have been changing at a dizzying pace, with Trump drawing a hard line on immigration in the lead-up to the midterm elections. We don't even know how many of these kids don't make it and may have been waylaid into sex trafficking or killed because they fell off a train.

Trump also went far off track in asserting that the the only country that automatically grants citizenship to anyone born in the country.

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. Trump wrote in a Twitter post.

Still, lawyers doubted that Trump could use an executive order to end the constitutional right. It was meant to give slaves, specifically African-Americans, full citizenship in the United States.

"This has not been a serious debate other than in academic circles", said Napolitano.

John Eastman, a constitutional scholar at Chapman University's Center for Constitutional Jurisprudence, told Axios that the line "subject to the jurisdiction thereof" originally referred to people fully and politically allied with the USA - green-card holders and citizens. We have no way of tracking that, so that is our direct message to the families of Central America: Do not send your children to the borders.

The right to citizenship for all people born in the United States is enshrined in the 14th Amendment, the first item of which reads: "All persons born or naturalized in the U.S., and subject to the jurisdiction thereof, are citizens of the USA and of the state wherein they reside". "We - House Republicans and this President - are in total agreement on the need to stop illegal immigration, to secure our border and fix our laws".

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