Legal scholars cast doubt on Trump plan to end birthright citizenship.
WASHINGTON — President Trump is making another hardline immigration play in the final days before the midterm elections, declaring that he wants to order an end to the constitutional right to citizenship for babies born in the United States to non-citizens. Most scholars think he can’t implement such a change unilaterally.
With seven days to go before high-stakes elections that he has sought to focus on fearmongering over immigration, Trump made the comments to “Axios on HBO.” Trump, seeking to energize his supporters and help Republicans keep control of Congress, has stoked anxiety about a caravan of Central American migrants making its way to the U.S.-Mexico border.
Trump has long called for an end to birthright citizenship, as have many conservatives. An executive order would spark an uphill legal battle for Trump about whether the president has the unilateral ability to declare that children born in the U.S. to those living here illegally aren’t citizens.
Asked about the legality of such an executive order, Trump said, “they’re saying I can do it just with an executive order.” He added that “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.” A 2010 study from the Center for Immigration Studies, a group that supports immigration restrictions, showed that 30 countries offered birthright citizenship.
The president said White House lawyers are reviewing his proposal. It’s unclear how quickly he would act and the White House did not provide further details.
Republicans in Congress continue introducing bills to end birthright citizenship, including legislation this session from conservative GOP Rep. Steve King of Iowa who has aligned himself with some nationalist political leaders abroad. King’s bill has almost 50 co-sponsors in the House. King’s legislation though would likely face a cool reception in the Senate where there is no companion bill pending, and a handful of senators supported past efforts.
King said he had not discussed the issue with the president at any length in recent months, but that it had come up “in passing” several times in group discussions. He said he hadn’t personally considered birthright citizenship to be part of the caravan issue and applauded the president for connecting the issues.
“Sending this message out, it’s another component of saying to the caravan: Don’t come in here. Some are pregnant, no doubt,” he said.
Sen. Lindsey Graham of South Carolina, now a close ally of the president, also tweeted his support for the change.
“This policy is a magnet for illegal immigration, out of the mainstream of the developed world, and needs to come to an end,” he said.