Houston Chronicle

Trump’s latest attack on the rule of law should outrage us all

- ERICA GRIEDER

President Donald Trump believes he has the power to scuttle the 14th Amendment via executive order.

Constituti­onal scholars disagree. So would the Supreme Court, presumably, should it come to that. But it might, unfortunat­ely. Trump is the president. He’s made it clear that he’d like to end birthright citizenshi­p for children born in the United States to noncitizen parents. And the cumulative expertise of America’s constituti­onal scholars isn’t sufficient to prevent him from issuing an executive order to that effect, as he threatened this week.

“It was always told to me that you needed a constituti­onal amendment. Guess what? You don't,” Trump said in an interview with Axios taped on Monday.

He also said he plans to take executive action on the subject sometime in the future.

All Americans should be outraged by Trump’s threat, even if they share his opposition to birthright citizenshi­p. And Texans, in particular, should speak up, because this isn’t an abstract issue for our state.

The Constituti­on is the law of the land. It is the civic equivalent of a sacred text. Trump, like all presidents, has sworn an oath to preserve, protect, and defend this document. We can and should object to the fact that he has instead devoted himself to continuall­y pawing away at it, with no regard for the rule of law and the bedrock of our democracy.

Trump’s declaratio­n that he plans to end birthright citizenshi­p may be nothing more than a brazen political ploy to rally his base on the eve of the midterms.

That’s likely all he intends it to be. In recent weeks, he’s sounded the alarm over a caravan of migrants from

Central America, most of whom are apparently hoping to seek asylum in the United States. On Monday, the Department of Defense announced plans to send thousands of troops to meet the caravan, currently in southern Mexico – more than a thousand miles away. And while Trump’s most craven supporters think he can do whatever he wants via executive order, some Republican leaders want to dissuade him from trying to do so, this time.

“You cannot end birthright citizenshi­p with an executive order,” House Speaker Paul Ryan said in a radio interview on Tuesday.

By contrast, Texas Gov. Greg Abbott declined to take a clear stance on Trump’s plans.

“Haven’t had a chance to read the law,” said Abbott, who served 12 years as Texas attorney general.

Texas’s current attorney general, Ken Paxton, similarly demurred when asked — during one of his regular appearance­s on Fox News — whether such an executive order would pass constituti­onal muster.

Lone Star State voters, at this point, shouldn’t expect better leadership from those two. But for reference, roughly a third of the state’s residents are immigrants or second generation, meaning that at least one of their parents was born outside the United States.

And Trump’s rhetoric implicates all of us, even though he’s nominally trying to target the children of unauthoriz­ed immigrants — or, as they’re often referred to in right-wing cesspools, “anchor babies.”

The theory Trump is espousing here rests on the premise that the first section of the 14th Amendment has been wrongly interprete­d.

“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,” is the relevant language.

In July, Michael Anton, a national security profession­al who briefly served in Trump’s administra­tion, wrote an op-ed column for the Washington Post focused on this phrasing. In his view, it implies that the senators who ratified the amendment did not necessaril­y think that birthright citizenshi­p should extend to the children of foreign nationals, even if they were born on U.S. soil.

That’s an opportunis­tic interpreta­tion, in my view — the kind one would only come up with if they were hoping to goad the president into unilateral action, as Anton was.

But it would be difficult for Trump to come up with an executive order based on this line of reasoning that wouldn’t have implicatio­ns for the children of immigrants who came here legally, too.

The United States has no control over the citizenshi­p laws of other countries, obviously. So a child born in the United States to a foreignbor­n mother or father may have citizenshi­p rights in that parent’s country of origin — even if his or her other parent was born in the United States, and even if the foreign-born parent had acquired citizenshi­p via naturaliza­tion.

And — more to the point — if U.S.-born children of immigrants living in the country illegally can be stripped of their citizenshi­p by executive order, so can anybody else. And that is fundamenta­lly un-American.

Trump, whose Slovenian in-laws became U.S. citizens in August thanks to a family-based immigratio­n program , may never issue an executive order seeking to end birthright citizenshi­p. If he does attempt to implement such a plan, the courts would quickly put the kibosh on it.

Still, by publicly mulling this option and by denying that he’s bound by what the Constituti­on says in plain language, Trump is underminin­g the law of the land.

Even worse, the president is questionin­g what it means to be an American, and doing it for his personal political gain.

That’s reckless and abhorrent, and we should all object to it, even if our leaders don’t.

All Americans should be outraged by Trump’s threat, even if they share his opposition to birthright citizenshi­p. And Texans, in particular, should speak up, because this isn’t an abstract issue for our state.

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