Any move on citizenship is sure to be challenged in United States courts

Geraldine Edwards
November 1, 2018

With seven days to go before high-stakes elections that he has sought to focus on fear-mongering over immigration, Trump made the comments to "Axios on HBO".

Mifubaby, a Beijing-based agent offering services for pre- and post-maternity services in Los Angeles and Saipan, said it was not easy to amend the USA constitution so there was little need to worry now.

It turns out that it isn't just President Trump who has expressed his negative views of birthright citizenship.

Trump argued in a tweet that children born in the U.S.to undocumented immigrants are not protected by the Constitution's 14th Amendment.

Judge Andrew Napolitano said Wednesday on "Outnumbered" that Congress can not stop the child of an undocumented parent from becoming a legal American citizen.

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The order is one of several changes to USA immigration policy that Trump has proposed. Trump has said the caravan needs to turn around.

On Monday, Trump described the migrant caravan as an "invasion on our country" as his administration announced plans to deploy at least 5,200 troops to the border by the end of this week. In an interview with Axios, he says wants to challenge birthright citizenship, which has been part of the United States Constitution for 150 years.

In fact, House Speaker Paul Ryan and scholars widely pan the idea that Trump could unilaterally change the rules on who is a citizen.

Trump campaigned on cutting down on immigration and what he calls "anchor babies", a term his opponents have deemed "vile" or racist. It's highly questionable whether an act of Congress could do it, either, though it is conceivable that legislators could change the rules regarding children born in the USA of parents who are in the country illegally.

Activists seeking to limit immigration, including Michael Anton, who wrote an article on the subject for the Washington Post in July, argue that illegal immigrants are not under the jurisdiction of the United States and therefore their children born on US soil should not be USA citizens.

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Still, Trump plunges ahead with daily alarms and proclamations about immigration, and on Wednesday did not back down from his controversial proposal to upend the very concept of American citizenship.

"No president can change the Constitution with the stroke of a pen". And when he did differ with Trump, it was on the point of process, not explicitly coming down one way or the other whether birthright citizenship ought to be altered in the first place.

Still, lawyers doubted that Trump could use an executive order to end the constitutional right.

Revoking birthright citizenship would have immediate and far-reaching consequences, it said. "The Constitution is quite clear that no one, including the President of the United States, is above the law". Six of the Justices ruled that the phrase "and subject to the jurisdiction thereof" applied to any person required to obey USA laws, meaning even children of foreigners residing in the country permanently or temporarily. What then? Andy McCarthy adds a further complication: America's statutory law on immigration echoes the Fourteenth Amendment's grant of natural-born citizenship to anyone who's born within the United States and "subject to the jurisdiction thereof".

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