US President Donald Trump suggests he will end birthright citizenship soon: Axios

31 October, 2018, 15:31 | Author: Rachel Logan
  • President Donald Trump

Number one. Number two, you can definitely do it with an act of Congress. "It'll happen with an executive order", Trump, 72, said of his plan during an interview with Axios on HBO.

The full Axios interview will air on Sunday. Under the current law, when the children, born to the unauthorised citizens in the United States, turn 21 they can sponsor their families also for becoming U.S. citizens.

But while the question of whether President Trump can stop birthright citizenship for children born to illegal immigrants with an executive order is important - it depends on which reading of the 14th amendment you subscribe to - more timely perhaps is the question of whether or not he should. "And it has to end".

But Trump said he has talked to his legal counsel and was advised he could enact the change on his own. "We are in the process".

It was unclear what specific action his order would pursue, and Trump gave no details. "That's what you're talking about".

Trump voiced his theory that birthright citizenship could be stripped during his campaign, when he described it as a "magnet for illegal immigration".

"Yes, it was always told to me that you needed a constitutional amendment".

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Revoking birthright citizenship in the USA could spark a court fight over the president's unilateral ability to change the Constitution's 14th Amendment, which guarantees that right for children born in the U.S. Most legal scholars take that as an explicit protection of birthright citizenship - and think it will take much more than an executive order to change that. "Eliminating birthright citizenship would do nothing to solve our immigration issues", said Beth Werlin, executive director of the American Immigration Council. The Executive can not unilaterally change those facts.

In fact, the last time the Supreme Court addressed the issue of birthright citizenship was 120 years ago, in the case of a child born to a lawful permanent resident who had what is now called a green card.

"Many Gang Members and some very bad people are mixed into the Caravan heading to our Southern Border", Trump tweeted Monday, without providing evidence, doubling down on the hardline anti-immigrant rhetoric that helped fuel his 2016 election victory.

Revoking birthright citizenship would have immediate and far-reaching consequences, it said. Similarly, children born to foreign ambassadors while in the United States are not American citizens, but are citizens of their country of origin. "We're not catching, we're not releasing", he said. In July 1868, the United States adopted the 14th Amendment to codify those rights.

To change the law, Sherry said, you would need to either amend the 14th Amendment through Congress or ask the Supreme Court to overturn their earlier interpretation of the law and limit its benefit to people who are in the US legally.

Axios reporter Jonathan Swan asked Mr Trump if he had spoken about the move with lawyers.

Speaking to Politico, Vice President Mike Pence, who usually assumes the role of Trump's translator, explained how he perceived the United States president's comments - in light of heavy criticism pertaining to the legality of an executive order.

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