Trump Plans To Bypass Constitution To End US' 'Citizenship By Birth' Rule

Trump eyeing an executive order to end citizenship for unauthorized residents' children born in U.S

Fox News senior judicial analyst Andrew Napolitano countered Donald Trump on Wednesday as the president doubles down on his proposal for an executive order to abolish birthright citizenship for the children of non-American citizens. The dissenting side of the court, however, argued that the phrase meant not being subject to any foreign power, including that which might result from being claimed as a citizen of another country through inheriting that citizenship from a parent.

"Paul Ryan should be focusing on holding the Majority rather than giving his opinions on Birthright Citizenship, something he knows nothing about!", Trump wrote in a tweet.

Paul Rosenzweig, a legal expert and a former deputy assistant secretary for policy at the Department of Homeland Security, said Mr Trump's statements "makes clear that the US President either doesn't understand the law or doesn't care what it says".

Vice President Mike Pence said the plan may not be unconstitutional, telling Politico in an interview that while " we all cherish" the 14th amendment, the U.S. Supreme Court has not weighed in on the issue entirely.

The Pentagon this week said it would deploy more than 5,000 active-duty soldiers to the southern boundary, as thousands of Central American migrants head north through Mexico.

"It's in the process", Trump said. "Now, they're saying I can do it just with an executive order".

Legal scholars have had much to say about the 14th Amendment over the years, including U.S. Court of Appeals Judge James Ho-who, in 2011, declared, "Opponents of illegal immigration can not claim to champion the rule of law and then, in the same breath, propose policies that violate our Constitution".

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"First of all, every single one of those Democrats voted for immigration reform", said Moran, who worked on immigration issues under then-Senate Majority Leader Harry Reid, D-Nev., and in the Obama White House. Among those who have benefited from the right of citizenship for children born on United States soil to non-citizens and unauthorised immigrants are thousands of children of Indian holders of United States work and visit visas. In a recent interview with Axios on HBO the President said the U.S. Constitution does not guarantee the right to citizenship to everyone born in the country.

"This policy is a magnet for illegal immigration, out of the mainstream of the developed world, and needs to come to an end", he said.

Napolitano said that the debate over birthright citizenship isn't serious, disagreeing with Jonathan Turley's argument.

Trump has railed against illegal immigration, including several caravans of migrants from Central America slowly moving toward the USA border.

The 14th Amendment was a response to the Supreme Court's 1857 decision in Dred Scott v. Sandford, which said that slaves and their children were not US citizens and therefore, could not sue in federal courts. It is not covered by the 14th Amendment because of the words "subject to the jurisdiction thereof".

There is ZERO chance either Gorsuch or Kavanaugh would find that a phone and a pen can abrogate the 14th Amendment. Guess again. If you break our laws by entering this country without our permission and give birth to a child, we reward that child with USA citizenship and guarantee a full access to all public and social services this society provides, and that's a lot of services.

"But the Supreme Court of the United States has never ruled on whether or not the language of the 14th amendment, subject to the jurisdiction thereof, applies specifically to people who are in the country illegally", Pence said. Most are in the Americas.

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