Trump steps up anti-immigrant offensive ahead of United States midterm vote

01 November, 2018, 00:49 | Author: Rachel Logan
  • Trump eyeing an executive order to end citizenship for unauthorized residents' children born in U.S

But here's what the 14th Amendment says on the subject of birthright citizenship: "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".

Trump's potential legal argument for overriding the common interpretation of the 14th Amendment and the INA, both ratified by Congress, amounts to challenging whether or not unauthorized immigrants to the United States are "subject to the jurisdiction" of the US.

"It's in the process", Trump said. Two, it was to stop the southern states from the beginnings of Jim Crow: the slaves are free, but we're still are not going to treat them as people, we're not going to treat them as citizens!

According to Axios, Mr. Trump said that he has run the idea of ending birthright citizenship by his counsel and plans to proceed with the highly-controversial move, which certainly will face legal challenges.

"We didn't like it when [former President] Obama tried changing immigration laws via executive action, and obviously as conservatives, we believe in the Constitution", Mr. Ryan told a local radio station in Lexington, Kentucky.

The 14th Amendment, added after the US Civil War, grants citizenship to anyone born on US soil and was meant to give constitutional protections to former slaves.

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Trump has discussed the issue before and reinjected it into the political conversation just days before the 2018 midterms as he looks to energize his base. There is a debate among legal scholars about whether that right extends to the children on illegal immigrants. Birthright citizenship for the children of permanent resident immigrants under the Fourteenth Amendment is settled law, as decided by the U.S. Supreme Court in United States v. Wong Kim Ark.

Here's a sampling of how the USA compares to other nations on citizenship requirements.

The president also tweeted about Democrat Harry Reid, who in 1993 called for the end of the birthright policy.

But attorney George T. Conway, Kellyanne Conway's husband, has parted company with his wife when it comes to birthright citizenship. "At its core, birthright citizenship is what our 14th Amendment is all about". Six of the Justices ruled that the phrase "and subject to the jurisdiction thereof" applied to any person required to obey United States laws, meaning even children of foreigners residing in the country permanently or temporarily. The right was written into the 14th Amendment of the U.S. Constitution in 1868 after the Supreme Court had ruled that people of African descent, whether enslaved or free, could not be American citizens.

In the run-up to the November 6 congressional elections, Trump has seized on a caravan of migrants from Central America who are trekking through Mexico toward the United States, calling the migrants a threat.

The Supreme Court has not ruled specifically on the issue of whether illegal immigrants can be denied birthright citizenship. I think the President is looking at executive action.

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