Critics Challenge Legality Of President Trump’s Birthright Citizenship Announcement

Critics Challenge Legality Of President Trump’s Birthright Citizenship Announcement

The president will do this by signing an executive order, he said in a TV interview.

Legal experts say the president can not change it with the stroke of a pen - and political analysts question the timing.

Sen. Lindsey Graham, a previous advocate of bipartisan immigration overhaul and who could be the chairman of the Judiciary Committee in the next Congress, is praising President Donald Trump's effort to roll back birthright citizenship by executive fiat.

"The 14th Amendment of the Constitution says all people born or naturalized in the United States are citizens".

Ryan is retiring but the No. 3 House Republican, Louisiana's Rep. Steve Scalise, said on Fox that he's glad Trump is considering options. The host pointed out that this is in dispute.

A clip of an Axios interview with President Donald Trump sent shockwaves through the political world Tuesday morning.

"Aside from being unconstitutional, such an executive order would exacerbate racial tensions, exploit fears and drive further polarization across the country at a moment that calls for the promotion of unity and inclusion", she said in a statement. Adopted in 1868, it's considered one of the Reconstruction Amendments and granted citizenship rights and equal protection of the laws to former slaves.

Trump, seeking to limit immigration to the US, is set to challenge a 150-year-old constitutional standard that anyone born in America is an American citizen.

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The order is one of several changes to USA immigration policy that Trump has proposed.

Caribbean citizens who travel to the United States to have their children there in order to secure United States citizenship for them, may no longer be able to do so in the future.

John Eastman, a constitutional scholar at Chapman University's Center for Constitutional Jurisprudence, told Axios that the line "subject to the jurisdiction thereof" originally referred to people fully and politically allied with the U.S. - green-card holders and citizens. The Executive can not unilaterally change those facts.

Few immigration and constitutional experts believe Mr Trump has the power to change birthright citizenship, Axios reports.

The ACLU was also bitterly opposed to Trump's policy of vetting travelers from countries that are hotbeds of terrorism.

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.

The president said in an interview published on Tuesday that he would make the move through an executive order but citizenship is granted to US-born children under the 14th Amendment of the Constitution, which can not be changed by the president. The Supreme Court has never decided the citizenship of those born to persons unlawfully present in the United States, or lawfully present on temporary visas for tourism, education, or temporary employment. The President said during the interview that he has spoken with counsel about the legally dubious possibility.

The problem with this interpretation is that it's relatively new, and runs contrary to the way the 14th amendment has been enforced since ratified in the 19th century.

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