Almost immediately after being sworn in as America’s 47th president, Donald Trump reportedly will sign 200 executive orders across a wide range of issues, despite, as critics note, having Republican majorities in the House and Senate, which could allow him to achieve many of his goals through legislation. Among those orders is one that would, in theory, end birthright citizenship — the constitutional right to citizenship for anyone born on U.S. soil — for children born to undocumented parents.
The U.S. Supreme Court in 1898 dealt with birthright citizenship, a guarantee of the 14th Amendment to the Constitution, which clearly 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.”
The portion that reads, “subject to the jurisdiction thereof,” the Supreme Court ruled, meant children born in the U.S. to a parent or parents of diplomats of a foreign country.
Candidate Trump in 2015 said he wanted to end birthright citizenship.
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“In August 2015, Donald Trump sat down to talk with then–Fox News host Bill O’Reilly about one of his central campaign promises: the mass deportation of 11 million undocumented immigrants. ‘Our country is going to hell,’ Trump said. ‘We have to start a process where we take back our country,'” Mother Jones reported last year.
“O’Reilly found the plan ridiculous. Such a colossal and expensive undertaking, the conservative host said, would take decades. Before then, the courts would stop sweeping raids. The idea, O’Reilly continued, was just ‘not going to happen.’ Perhaps the most obvious reason why, he said, was the 14th Amendment, which ‘says if you’re born here, you’re an American—and you can’t kick Americans out.’ O’Reilly almost screamed at one point: ‘If you’re born here, you’re an American—period! Period!'”
In 2018 he again said he would do so, with an executive order, that never materialized.
Now, it appears Trump will try to fulfill his decade-long wish.
“This executive order will ‘clarify’ the 14th Amendment, [an] incoming official said, such that ‘that on a prospective basis, the federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States,'” Semafor White House correspondent Shelby Talcott said.
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“The incoming official,” The Washington Post adds, “did not provide details on how the administration planned to implement a change that scholars say would be illegal. Trump’s order would reinterpret the words ‘and subject to the jurisdiction thereof’ in the 14th Amendment of the U.S. Constitution, which grants citizenship to all people born on U.S. soil, and redefine the phrase to exclude babies born to parents illegally in the country.”
There are millions of Americans of all ages currently living in the U.S., (an estimated 5 million under the age of 18) who are children of undocumented parents. The claim, “on a prospective basis,” suggests Trump will try to deny any child born of undocumented parents, going forward, their right to citizenship.
Constitutional law professor and political scientist Anthony Michael Kreis declared, “Birthright citizenship is part of the 14th Amendment and the president cannot write it out with his pen.”
Professor of Law Steve Vladeck noted, “Trump’s effort to restrict birthright citizenship by executive order is (1) unlawful; (2) predicated on conflating two entirely distinct legal arguments; and (3) doomed to fail in (even these) courts.”
Mother Jones’ Isabela Dias last year wrote if it were to happen, “It would be nothing short of seismic.”
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