Tuesday, 20 November, 2018

Why Trump wants to take birthright citizenship out of the Constitution

Trump wants to end birthright citizenship in the U.S. Donald Trump reveals plans to end birthright citizenship for babies born to non-citizens
| 01 November, 2018, 09:14

Tent cities for asylum seekers.

At least since 2005, Republicans in the U.S. Congress have regularly offered legislation ending birthright citizenship for children born in the United States if their parents were in the United States illegally. But his timing is striking.

Trump has railed against illegal immigration, including several caravans of migrants from Central America slowly moving toward the USA border. Tent cities would not resolve the massive USA backlog of asylum seekers.

Schuck, of Yale, and colleague Rogers Smith of the University of Pennsylvania have argued since the mid-1980s that Congress can set the rules for providing citizenship to USA -born children of parents who came illegally.

Prominent US senator Lindsey Graham, a South Carolina Republican, has described birthright citizenship as "absurd".

Trump and many top aides have long seen the immigration issue as the most effective rallying cry for his base of supporters.

Trump insisted the media is underestimating the caravans. "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". Several smaller groups, estimated at a combined 1,200 people, are farther away.

"I think the main goal is to appeal to voters by cracking down on immigrants, to win support for the coming election". I've been saying this before I ever thought of running for office.

Trump campaigned on building a wall on the border with Mexico and reforming United States immigration laws.


Later Wednesday, Trump told ABC News, "We have to have a wall of people".

And while Trump sounded committed to the effort, at this point we don't know whether such an executive order even exists, let alone the fine details. This is not about birthright citizenship.

The extraordinary rebuke from Trump came one day after Ryan pushed back on the president's remarks on the issue, saying "you can not end birthright citizenship with an executive order".

Omar Jadwat, director of the Immigrants' Rights Project at the American Civil Liberties Union in NY, said the Constitution is very clear. Levin pointed out that if birthright citizenship is a bureaucratic creation, as the chief of the bureaucracy, President Trump has the right to correct years of extra-constitutional behavior by the executive branch. He called it "outrageous that the president can think he can override constitutional guarantees by issuing an executive order. I've always supported comprehensive immigration reform - and at the same time - the elimination of birthright citizenship", Graham explained on Twitter.

Under the current interpretation of the 14th Amendment, passed following the Civil War to ensure freed slaves would not be denied citizenship, anyone born in the USA automatically becomes an American citizen.

"This is simply an attempt for Donald Trump, who wants to do anything possible to bring back fears around immigration, to use that as a political tool in this last week before the election", Warner said.

Vice-President Mike Pence said the administration was "looking at action that would reconsider birthright citizenship".

He referenced court rulings later that "only children of legal residents are citizens" and that "Congress could clarify legislatively that the children of noncitizens are not subject to the jurisdiction of the United States, and thus not citizens under the 14th Amendment". "They are as "subject to the jurisdiction" as those of us who were born here".

Napolitano said that the debate over birthright citizenship isn't serious, disagreeing with Jonathan Turley's argument. The White House did not respond to a request for comment. The person was not authorized to discuss the policy debate so spoke on condition of anonymity. Right now, some asylum seekers, particularly families, are being released as their cases progress because there isn't enough detention space to house them. "They're going to be very nice, and they're going to wait, and if they don't get asylum they get out". Most are in the Americas. "So the legal result is very unpredictable", Hao said.

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