Trump Birthright Citizenship Plan Blasted as "Unconstitutional"

Adjust Comment Print

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".

While Trump asserts that he can change the provision with such an order, that is far from certain: there is a set process for modifying the constitution, which does not include presidential decree. That's the case with President Trump's proposal to end "birthright citizenship" through an executive order.

"I am not a lawyer, but it seems to me it would take a constitutional amendment to change that as opposed to an executive order", Mr. Grassley told a local news channel in Iowa. He said he wants to use an executive order to end the practice by which children born in the USA of non-citizen or illegal immigrant parents are immediately a citizen. He also added that the executive order is already "in the process".

Interestingly every few years, the common law concept of birthright citizenship or "jus soli" comes back into the news.

Trump, as well as those who support abolishing birthright citizenship, believe that the line "subject to the jurisdiction thereof" means that only parents who are subject to USA jurisdiction (a.k.a. citizens) will pass on birthright citizenship to their children.

President Trump has often signaled his displeasure with the idea of birthright citizenship by using the term "anchor baby" to describe a child born in the United States to parents who are not legally inside the country.

The administration on Monday also announced plans to deploy 5,200 active duty troops - more than double the 2,000 who are in Syria fighting the Islamic State group - to the border to help stave off the caravans.


The legal argument espoused by conservative activists for excluding children of illegal immigrants would likely be based around the language in the 14th Amendment that says people born in the United States are citizens if they are "subject to the jurisdiction" of the United States. "This is an invasion of our Country and our Military is waiting for you!"

A portion of the interview was released on October 30, 2018.

The 14th Amendment's citizenship guarantee is clear.

Ryan's initial reaction to Trump's proposal was, "You obviously can not do that". Trump has clearly signaled his intent to do just that, however, tweeting that the issue will be "settled by the United States Supreme Court!". "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".

Leaving the White House on Wednesday for a Florida rally, Mr Trump kept the focus on immigration, telling reporters the USA could send as many as 15,000 military troops to the border with Mexico.

"Harry Reid, when he was sane, agreed with us on Birthright Citizenship!"

"The President does not have the power to erase parts of the Constitution, but he and the GOP Congress have spent two years trying to erase protections for people with pre-existing conditions", Ms. Pelosi said.

Comments