US Constitution doesn't cover birthright citizenship, says Trump

01 November, 2018, 09:12 | Author: Angel Logan
  • Trump eyeing an executive order to end citizenship for unauthorized residents' children born in U.S

President Donald Trump passionately reiterated his commitment to ending birthright citizenship for children born in the U.S.to parents who aren't citizens during a Florida rally on Wednesday night.

President Donald Trump blasted House Speaker Paul Ryan, R-Wis., on Wednesday, saying he should be concentrating on maintaining the majority in the House rather than giving his views on birthright citizenship, "something he knows nothing about!".

"I believe you can have a simple vote in Congress", Trump told reporters as he left the White House.

But attorney George T. Conway, Kellyanne Conway's husband, has parted company with his wife when it comes to birthright citizenship. "It means lowering health care costs and prescription drug prices; it means increases in pay through strong economic growth by rebuilding America; and, it means rooting out corruption and ensuring that Washington works for the people", she said.

"Immigrants are the lifeblood of our nation", Reid said. "Basically they're saying, Mark, I could break into your home, kick down the door, drop a kid there, and he has the right to live there for the remainder of his life and there's not a darn thing you can do about it".

And this week he is asserting he could act by executive order to unilaterally end birthright citizenship for the children of non-U.S. citizens.

"Let me tell you why this amendment was written, it was written for two reasons: One, to make a clear and unambiguous constitutional reversal of one of the worst Supreme Court opinions in history, Dred Scott v. Sanford, which said that African-Americans are not persons and not citizens". Keep in mind [former Democratic Senator] Harry Reid actually attempted to pass a law - well, introduced it - about 30 years ago that actually would have deprived children born in the United States of illegal aliens of citizenship.

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". 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. However, some have argued there is a need to have a review of this matter in view of the rise in the number of illegal immigrants in the U.S. in recent decades.

During the debate, neither candidate said directly whether they would support an effort by Congress to end birthright citizenship, though Davids said an executive order by Trump would "violate our Constitution".

The right to citizenship for anyone born in the United States is guaranteed in the 14th Amendment to the Constitution. It is not covered by the 14th Amendment because of the words 'subject to the jurisdiction thereof. The debate hinged on the question of what it means to be "subject to the jurisdiction thereof", which the court in Wong Kim Ark read to mean people required to obey U.S. law.

"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.

As two caravans of Central American migrants head toward the U.S. -Mexico border, Trump said he is prepared to order up to 10,000 to 15,000 American military troops to assist law enforcement entities to prevent illegal crossings. Most are in the Americas.

Legal experts say that is easier said than done.

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