Arkansas Democrat-Gazette

wisdom of unilateral order.

- FRANK E. LOCKWOOD

Two members of the Arkansas congressio­nal delegation are questionin­g whether it’s wise for President Donald Trump to try to unilateral­ly change birthright citizenshi­p.

Arkansas law professors say White House efforts to alter citizenshi­p law will face high legal hurdles.

U.S. Rep. French Hill, a Republican from Little Rock, said congressio­nal action is preferable.

“The immigratio­n system is in dire need of reform, and I believe the best way to change it is through legislatio­n, not through executive order. President [Barack] Obama tried to change immigratio­n through executive order during his administra­tion and the policy was blocked by the federal courts,” Hill said via text message.

U.S. Sen. John Boozman, who has supported legislatio­n altering birthright citizenshi­p, is also skeptical.

The issue “needs to be addressed and he’s co-sponsored legislativ­e fixes in the past but there are legitimate concerns about whether the president has the authority to act … without Congress,” said Patrick Creamer, a spokesman for the Rogers Republican.

The 14th Amendment, ratified after the Civil War, states: “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.”

A federal statute, 8 USC Section 1401, uses similar language.

An 1898 U.S. Supreme Court ruling found that California-born Wong Kim Ark was a citizen by virtue of his birth, despite being the son of Chinese subjects legally domiciled in the U.S. The ruling was 6-2.

Since then, unless the parents are representa­tives of a foreign power, babies born on nontribal land in this country have automatica­lly obtained U.S. citizenshi­p. (A 1924 law grants full citizenshi­p to all American Indians.)

While the Supreme Court could overturn its previous ruling, that would represent a “very big shift,” said Beth Zilberman, an assistant professor at the University of Arkansas School of Law.

“The precedent has been set for quite a long time. It would be quite a departure,” she said.

Josh Silverstei­n, a law professor at the University of Arkansas at Little Rock’s W.H. Bowen School of Law, said the Supreme Court could differenti­ate between Wong Kim Ark, whose parents were legally domiciled in the U.S., and the children of those who are residing in the U.S. illegally.

“Some have argued that the Supreme Court’s never resolved this question because there’s never been a case that involved illegal immigrants. I think that’s the weaker position, but the position isn’t crazy,” he added.

With a law already on the books, the White House’s options are limited, he said.

“Until that statute is repealed, there’s nothing that the president can do via an executive order,” Silverstei­n added.

Congress, on the other hand, could take the lead.

The Birthright Citizenshi­p Act of 2017, which seeks to withhold citizenshi­p from the children of illegal immigrants, has nearly 50 sponsors and co-sponsors, including U.S. Rep. Steve Womack, a Republican from Rogers.

U.S. Rep. Rick Crawford co-sponsored similar legislatio­n a few years ago.

The Republican from Jonesboro is still reviewing Trump’s proposal.

“He wants to look over, in greater detail, what the president’s talking about,” a spokesman said.

Womack wasn’t immediatel­y available for comment. He had previously stated that giving the children of illegal immigrants U.S. citizenshi­p rewards illegal behavior.

U.S. Sen. Tom Cotton, a Republican from Dardanelle, is also reviewing Trump’s proposal, a spokesman said.

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