How Trump plan to end birthright citizenship clashes with 14th Amendment

Donald Trump reveals plans to end birthright citizenship for babies born to non-citizens

He said he would change the USA constitution's 14th amendment, which gives citizenship to all born on U.S. soil, via an executive order. "We - House Republicans and this president - are in total agreement on the need to stop illegal immigration, to secure our border and fix our laws".

But the comments helped Trump make his controversial case, after his push first emerged in an interview with "Axios on HBO". Critics of birthright citizenship say that the amendment was never meant to apply to children of two non-citizens - and particularly those who have come to the country illegally.

And Peter J. Spiro, a law professor at Temple University in Philadelphia, told the Times, "The conventional understanding is absolutely clear that children born in the United States are citizens of the United States, with the insignificant exception of the children of diplomats".

Birthright citizenship in the United States is based on the 14th Amendment, which was adopted after the Civil War to address the rights of freed slaves.

"It was always told to me that you needed a constitutional amendment, one amendment". On Tuesday, Republican Senator Lindsey Graham said he would introduce a bill to support Trump's citizenship plan.

"No. 2, you can definitely do it with an act of Congress, but now they are saying I can just do it with an executive order". 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.

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"Birthright citizenship defines who we are as a nation and is a core part of our American heritage and history". "The way Congress can change it or the way statute is now drafted, the president can change it through regulation".

The US is among more than 30 countries that give automatic citizenship to children born to almost anybody living within a country's borders.

Revoking birthright citizenship would have immediate and far-reaching consequences, it said. 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.

"President Mr. Trump's new claim he can unilaterally end the Constitution's guarantee of citizenship shows Republicans' spiralling desperation to distract from their assault on Medicare, Medicaid and people with pre-existing conditions", she said. "Oh, yeah? Everybody born here is a citizen, so says the Constitution".

Democrats appeared united in condemnation against Trump's move this week.

Ilya Shapiro, a lawyer with the libertarian Cato Institute, said that although there is a debate in academic circles among conservatives on whether Congress could legislate on the issue without running afoul of the 14th Amendment, "it's not something that can be done by executive action alone". I think there would nearly certainly be a lawsuit and the courts will decide.

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