Trump wants to end birthright citizenship
Being born on American soil is the simplest way to become a citizen of the United States, a birthright guaranteed by the 14th Amendment to the US Constitution. But US President Donald Trump says he wants to pass an executive order that would seek to end the right to US citizenship for children of non-citizens born on US soil. He said so in a television interview taped on Monday.
According to The New York Times, Trump said in the interview, “We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States for 85 years, with all of those benefits. It’s ridiculous. It’s ridiculous. And it has to end.”
The move, legal experts say, runs afoul of the Constitution. However, it could be a bold gambit by a president who is giving a renewed push to the hardline on immigration policies just before next week's midterm elections.
However, the 14th Amendment clearly says: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The next sentence specifies the rights of American citizens: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”
Trump believes focusing on immigration will energize his supporters and help Republicans keep control of Congress.
But revoking of birthright citizenship would surely spark a court fight over the president's unilateral ability to change an amendment to the Constitution. The 14th Amendment guarantees that right for children born in the US.
Asked about the legality of such an executive order, Trump said “They're saying I can do it just with an executive order.”
In other words, he does not need a constitutional amendment. At the moment, White House lawyers were reviewing his proposal. But there is no clarity on how quickly he would come out with the diktat.