Donald Trump wants to end United States birthright citizenship

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The president said the move was in the process of happening with an executive order but constitutional scholars believe it could be in breach of the 14th amendment to the United States constitution. "Guess what? You don't", he said. Trump called birthright citizenship "ridiculous" and said that "it has to end".

The 14th Amendment, ratified in 1868, says that "all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States".

But he also went further and said he sees the constitutional question as settled, guaranteeing citizenship to most people born on USA soil even if to illegal immigrant parents. "It's ridiculous. It's ridiculous".

"Finally, a president willing to take on this absurd policy of birthright citizenship", Graham tweeted Tuesday.

Mr Trump would also need backing from three quarters of USA state legislature at a constitutional convention - a gathering with the intent of altering the constitution. It also guarantees citizens "equal protection" under USA law.


The critical issue in interpreting the 14th Amendment lies in its exact wording, say some.

Should his order go through, the action would generate legal challenges and opposition from within the US Congress.

Diaz-Balart, meanwhile, said "I strongly disagree with the proposed executive order".

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 USA are "subject to the jurisdiction" of the US.

On Monday, his administration moved to send more than 5,200 troops to help secure the border with Mexico as a caravan of Central American migrants makes its way there.


The president has previously described birthright citizenship as a "magnet" for illegal immigration and the 14th Amendment as "questionable" in this context.

Even if the Supreme Court chose to hear arguments, Kanter says court will likely rule the executive order as unconstitutional. An executive order, he suggested, might clear things up.

With that said, Yegani is skeptical as to whether Trump will actually move forward with this plan. "All persons in the USA, thus, except for accredited foreign diplomats in specified instances, are subject to US laws, and, if born in the US, are USA citizens".

When asked how she was "feeling about the next six days", Pelosi said: "Well, let me say this: Up until today, I would have said if the election were held today, we would win".


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