The Peterborough Examiner

Ending the U.S. birthright citizenshi­p

Trump is focusing on immigratio­n days before midterms

- LAURIE KELLMAN AND CATHERINE LUCEY

WASHINGTON — President Donald 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.

His administra­tion announced Monday it was dispatchin­g thousands of active-duty troops to the border, and Trump said he’d set up tent cities to house asylum seekers.

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. Most scholars think he can’t.

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 Pew Research Center found in a survey published two years ago that births to “unauthoriz­ed immigrants” were declining and accounted for about 1 in 3 births to foreign-born mothers in the U.S. in 2014. About 275,000 babies were born to such parents in 2014, or about seven per cent of the 4 million births in the U.S. that year, according to Pew estimates based on government data. That represente­d a decline from 330,000 in 2009, at the end of the recession.

An excerpt of Trump’s interview was posted on Axios’ website on Tuesday.

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.

A person familiar with the internal White House debate said the topic of birthright citizenshi­p had come up inside the West Wing at various times over at least the last year, but has some internal detractors. White House lawyers have debated the topic, and expect to work with the Justice Department’s Office of Legal Counsel to develop a legal justificat­ion for the action. It is one of many immigratio­n changes being discussed including asylum law changes, and barring the migrant caravan from entering the country.

But administra­tion officials said there would likely be no decisions until after the midterms, due in part to the president’s trip to Pittsburgh Tuesday to meet with victims of the deadly synagogue shooting.

Legal experts questioned whether Trump has the authority to do this by executive order.

Omar Jadwat, director of the Immigrants’ Rights Project at the American Civil Liberties Union in New York, said Tuesday that the Constituti­on is very clear.

“If you are born in the United States, you’re a citizen,” he said, adding that it was “outrageous that the president can think he can override constituti­onal guarantees by issuing an executive order.”

Jadwat said the president has an obligation to uphold the Constituti­on. Trump can try to get Congress to pass a constituti­onal amendment, “but I don’t think they are anywhere close to getting that.”

“Obviously, even if he did, it would be subject to court challenge,” he added.

Suzanna Sherry, a professor of law at Vanderbilt Law School specializi­ng in constituti­onal questions, said those advising Trump that he can change the Constituti­on via executive order are simply mistaken. “He can’t do it by himself and, in fact, he can’t do it even if Congress passed a statue.”

“I think it would take a constituti­onal amendment,” she said. “I don’t see it as having any plausible legal basis.”

In the final days before the Nov. 6 midterms, Trump has emphasized immigratio­n, as he seeks to counter Democratic enthusiasm. Trump believes that his campaign pledges, including his much-vaunted and still-unfulfille­d promise to quickly build a U.S.-Mexico border wall, are still rallying cries for his base and that this latest focus will further erode the enthusiasm gap.

Trump voiced his theory that birthright citizenshi­p could be stripped during his campaign, when he described it as a “magnet for illegal immigratio­n.” During a 2015 campaign stop in Florida, he said: “The birthright citizenshi­p — the anchor baby — birthright citizenshi­p, it’s over, not going to happen.”

The Citizenshi­p Clause of the 14th Amendment 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.”

 ?? DOUG MILLS NYT ?? Trump has proposed a different reading of the 14th Amendment, one he said denies birthright citizenshi­p to the children of undocument­ed immigrants. Trump said he was preparing to issue an executive order to that end.
DOUG MILLS NYT Trump has proposed a different reading of the 14th Amendment, one he said denies birthright citizenshi­p to the children of undocument­ed immigrants. Trump said he was preparing to issue an executive order to that end.

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