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Can Trump end birthright citizenship by executive order?

Can Trump end birthright citizenship by executive order?
If you were born in America, citizenship is your birthright. You promised to end birthright citizenship on day one. Is that still your plan? Yes, absolutely. We're going to end that because it's ridiculous. It's almost certainly going to be challenged in the courts. The 14th Amendment to the Constitution guarantees birthright citizenship in the US, meaning any child born in the country is *** citizen with some very limited exceptions. Following the Civil War in 1868, the 14th Amendment was ratified, but it's in the spotlight now with critics calling for its end. President-elect Donald Trump said he would issue an executive order to end birthright citizenship. Under Biden's current policies, even though these millions of illegal border crosses have entered the country unlawfully, all of their future children will become automatic US citizens. Can you imagine? They'll be eligible for welfare, taxpayer funded health care, the right to vote, chain migration, and countless other government benefits. Senator Tim Kaine, *** Democrat from Virginia, recently took to the floor to remind fellow lawmakers of the 14th Amendment's history. Section 1 states all persons born or naturalized in the United States and subject to the jurisdiction thereof. Are citizens of the United States and of the state wherein they resign. This protection overturned the Supreme Court's ruling in the 1857 case Dred Scott v. Sanford, which had ruled that enslaved people were not citizens of the US and therefore did not have the same protections as citizens. Dred Scott was enslaved trying to fight his way to freedom as the Civil War came to *** close with President Lincoln assassinated. And with slavery abolished by the 13th Amendment. The reunited nation realized it needed to fix the damage done by the Dredsky case. The Supreme Court further defined citizen in the 1898 ruling of United States v. Wong Kim Ark, born in San Francisco to Chinese immigrants, Wong Kim Ark was denied reentry to the US after visiting his parents in China. He was denied on grounds that he was not considered *** US citizen under the Chinese Exclusion Act. The court ruled in Kim Ark's favor, stating he was *** citizen because he was born on US soil. This landmark decision helped clearly define the Supreme Court's interpretation of *** citizen. Birthright citizenship means that you are *** US citizen if you are born in America. Your right to citizenship does not depend upon the status of your parents. And from then on, millions of people across America have benefited from this protection. Dred Scott, Wong Kimmar. And Donald Trump all meet that test. According to the Pew Research Center, 4.4 million US born children lived with an unauthorized immigrant parent in 2022. The population is estimated to have grown since then. This concept of just sole, the right of the soil, is shared with dozens of other countries. 75 countries in the world have some form of birthright citizenship, of which over 30 have unrestricted birthright policies like the United States. So can *** president end birthright citizenship? The straightforward answer is not likely. No president has the authority to eliminate or modify *** constitutional amendment. If they were to issue an executive order, it would be unconstitutional. Changing *** constitutional amendment would need extensive support from lawmakers. The process is pretty laborious. It's pretty long and difficult. Amending the Constitution requires 2/3 support in both houses of Congress. And the ratification by 3/4 of state legislatures. Republican Senator Lindsey Graham is pushing *** bill to get rid of birthright citizenship by adding requirements to the parents' legal status in order to gain citizenship. In *** 2023 campaign video, Trump previewed his intentions on the matter. My new term in office, I will sign an executive order making clear to federal agencies that under the correct interpretation of the law. Going forward, the future children of illegal aliens will not receive automatic US citizenship. Trump said he would also stop pregnant women from entering the US to give birth, *** practice sometimes referred to as birth tourism. If in the off chance the 14th Amendment does change, some experts say it would create new issues. What we would do is essentially create an entire class of stateless people, an entire class of stateless children. These children can't be deported anywhere they're only citizens of the United States so we have people here who would not have the full rights and privileges of being *** US citizen that would cause economic instability, social instability.
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Can Trump end birthright citizenship by executive order?
President-elect Donald Trump is going to issue a series of orders aimed at remaking Americaā€™s immigration policies, including ending birthright citizenship, an incoming White House official said.But it's unclear how Trump would carry out some of his executive orders, including ending automatic citizenship for everyone born in the country, while others were expected to be immediately challenged in the courts.The official spoke on the condition of anonymity to preview some of the orders expected later Monday.Birthright citizenship means anyone born in the United States automatically becomes an American citizen. It's been in place for decades and applies to children born to someone in the country illegally or in the U.S. on a tourist or student visa who plans to return to their home country.Itā€™s not the practice of every country, and Trump and his supporters have argued that the system is being abused and that there should be tougher standards for becoming an American citizen.But others say this is a right enshrined in the 14th Amendment to the Constitution; it would be extremely difficult to overturn and even if it's possible, it's a bad idea.Here's a look at birthright citizenship, what Trump has said about it and the prospects for ending it:What Trump has said about birthright citizenshipDuring an interview last month on NBCā€™s "Meet the Press" Trump said he "absolutely" planned to halt birthright citizenship once in office."We're going to end that because itā€™s ridiculous," he said.Trump and other opponents of birthright citizenship have argued that it creates an incentive for people to come to the U.S. illegally or take part in "birth tourism," in which pregnant women enter the U.S. specifically to give birth so their children can have citizenship before returning to their home countries."Simply crossing the border and having a child should not entitle anyone to citizenship," said Eric Ruark, director of research for NumbersUSA, which argues for reducing immigration. The organization supports changes that would require at least one parent to be a permanent legal resident or a U.S. citizen for their children to automatically get citizenship. Others have argued that ending birthright citizenship would profoundly damage the country."One of our big benefits is that people born here are citizens, are not an illegal underclass. Thereā€™s better assimilation and integration of immigrants and their children because of birthright citizenship," said Alex Nowrasteh, vice president for economic and social policy studies at the pro-immigration Cato Institute.In 2019, the Migration Policy Institute estimated that 5.5 million children under age 18 lived with at least one parent in the country illegally in 2019, representing 7% of the U.S. child population. The vast majority of those children were U.S. citizens.The nonpartisan think tank said during Trumpā€™s campaign for president in 2015 that the number of people in the country illegally would ā€œballoonā€ if birthright citizenship were repealed, creating "a self-perpetuating class that would be excluded from social membership for generations."What does the law say?In the aftermath of the Civil War, Congress ratified the 14th Amendment in July 1868. That amendment assured citizenship for all, including Black people."All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside," the 14th Amendment says. "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."However, the 14th Amendment didnā€™t always mean everyone being afforded birthright citizenship. For example, it wasn't until 1924 that Congress finally granted citizenship to all Native Americans born in the U.S.A key case in the history of birthright citizenship came in 1898, when the U.S. Supreme Court ruled that Wong Kim Ark, born in San Francisco to Chinese immigrants, was a U.S. citizen because he was born in the states. The federal government had tried to deny him reentry into the country after a trip abroad on the grounds he wasnā€™t a citizen under the Chinese Exclusion Act.But some have argued that the 1898 case clearly applied to children born to parents who are both legal immigrants to America but that itā€™s less clear whether it applies to children born to parents without legal status or, for example, who come for a short-term like a tourist visa. "That is the leading case on this. In fact, itā€™s the only case on this," said Andrew Arthur, a fellow at the Center for Immigration Studies, which supports immigration restrictions. "Itā€™s a lot more of an open legal question than most people think."Some proponents of immigration restrictions have argued the words ā€œsubject to the jurisdiction thereofā€ in the 14th Amendment allows the U.S. to deny citizenship to babies born to those in the country illegally. Trump himself used that language in his 2023 announcement that he would aim to end birthright citizenship if reelected. So what could Trump do and would it be successful?Trump wasnā€™t clear in his December interview how he aims to end birthright citizenship.Asked how he could get around the 14th Amendment with an executive action, Trump said: "Well, weā€™re going to have to get it changed. Weā€™ll maybe have to go back to the people. But we have to end it. Pressed further on whether heā€™d use an executive order, Trump said "if we can, through executive action."He gave a lot more details in a 2023 post on his campaign website. In it, he said he would issue an executive order the first day of his presidency, making it clear that federal agencies ā€œrequire that at least one parent be a U.S. citizen or lawful permanent resident for their future children to become automatic U.S. citizens.ā€Trump wrote that the executive order would make clear that children of people in the U.S. illegally ā€œshould not be issued passports, Social Security numbers, or be eligible for certain taxpayer funded welfare benefits.ā€This would almost certainly end up in litigation.Nowrasteh from the Cato Institute said the law is clear that birthright citizenship canā€™t be ended by executive order but that Trump may be inclined to take a shot anyway through the courts.ā€œI donā€™t take his statements very seriously. He has been saying things like this for almost a decade,ā€ Nowrasteh said. "He didnā€™t do anything to further this agenda when he was president before. The law and judges are near uniformly opposed to his legal theory that the children of illegal immigrants born in the United States are not citizens."Trump could steer Congress to pass a law to end birthright citizenship but would still face a legal challenge that it violates the Constitution.__Associated Press reporter Elliot Spagat in San Diego contributed to this report.

President-elect Donald Trump is going to issue a series of orders aimed at remaking Americaā€™s immigration policies, including ending birthright citizenship, an incoming White House official said.

But it's unclear how Trump would carry out some of his executive orders, including ending automatic citizenship for everyone born in the country, while others were expected to be immediately challenged in the courts.

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The official spoke on the condition of anonymity to preview some of the orders expected later Monday.

Birthright citizenship means anyone born in the United States automatically becomes an American citizen. It's been in place for decades and applies to children born to someone in the country illegally or in the U.S. on a tourist or student visa who plans to return to their home country.

Itā€™s not the practice of every country, and Trump and his supporters have argued that the system is being abused and that there should be tougher standards for becoming an American citizen.

But others say this is a right enshrined in the 14th Amendment to the Constitution; it would be extremely difficult to overturn and even if it's possible, it's a bad idea.

Here's a look at birthright citizenship, what Trump has said about it and the prospects for ending it:

What Trump has said about birthright citizenship

During an interview last month on Trump said he "absolutely" planned to halt birthright citizenship once in office.

"We're going to end that because itā€™s ridiculous," he said.

Trump and other opponents of birthright citizenship have argued that it creates an incentive for people to come to the U.S. illegally or take part in pregnant women enter the U.S. specifically to give birth so their children can have citizenship before returning to their home countries.

"Simply crossing the border and having a child should not entitle anyone to citizenship," said Eric Ruark, director of research for NumbersUSA, which argues for reducing immigration. The organization supports changes that would require at least one parent to be a permanent legal resident or a U.S. citizen for their children to automatically get citizenship.

Others have argued that ending birthright citizenship would profoundly damage the country.

"One of our big benefits is that people born here are citizens, are not an illegal underclass. Thereā€™s better assimilation and integration of immigrants and their children because of birthright citizenship," said Alex Nowrasteh, vice president for economic and social policy studies at the pro-immigration Cato Institute.

In 2019, the Migration Policy Institute estimated that 5.5 million children under age 18 lived with at least one parent in the country illegally in 2019, representing 7% of the U.S. child population. The vast majority of those children were U.S. citizens.

The nonpartisan think tank said during Trumpā€™s campaign for president in 2015 that the number of people in the country illegally would ā€œballoonā€ if birthright citizenship were repealed, creating "a self-perpetuating class that would be excluded from social membership for generations."

What does the law say?

In the aftermath of the Civil War, Congress ratified the 14th Amendment in July 1868. That amendment assured citizenship for all, including Black people.

"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside," the 14th Amendment says. "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."

However, the 14th Amendment didnā€™t always mean everyone being afforded birthright citizenship. For example, it wasn't until 1924 that Congress finally granted citizenship to all Native Americans born in the U.S.

A key case in the history of birthright citizenship came in 1898, when the U.S. Supreme Court ruled that Wong Kim Ark, born in San Francisco to Chinese immigrants, was a U.S. citizen because he was born in the states. The federal government had tried to deny him reentry into the country after a trip abroad on the grounds he wasnā€™t a citizen under the Chinese Exclusion Act.

But some have argued that the 1898 case clearly applied to children born to parents who are both legal immigrants to America but that itā€™s less clear whether it applies to children born to parents without legal status or, for example, who come for a short-term like a tourist visa.

"That is the leading case on this. In fact, itā€™s the only case on this," said Andrew Arthur, a fellow at the Center for Immigration Studies, which supports immigration restrictions. "Itā€™s a lot more of an open legal question than most people think."

Some proponents of immigration restrictions have argued the words ā€œsubject to the jurisdiction thereofā€ in the 14th Amendment allows the U.S. to deny citizenship to babies born to those in the country illegally. Trump himself used that language in his 2023 announcement that he would aim to end birthright citizenship if reelected.

So what could Trump do and would it be successful?

Trump wasnā€™t clear in his December interview how he aims to end birthright citizenship.

Asked how he could get around the 14th Amendment with an executive action, Trump said: "Well, weā€™re going to have to get it changed. Weā€™ll maybe have to go back to the people. But we have to end it. Pressed further on whether heā€™d use an executive order, Trump said "if we can, through executive action."

He gave a lot more details in a . In it, he said he would issue an executive order the first day of his presidency, making it clear that federal agencies ā€œrequire that at least one parent be a U.S. citizen or lawful permanent resident for their future children to become automatic U.S. citizens.ā€

Trump wrote that the executive order would make clear that children of people in the U.S. illegally ā€œshould not be issued passports, Social Security numbers, or be eligible for certain taxpayer funded welfare benefits.ā€

This would almost certainly end up in litigation.

Nowrasteh from the Cato Institute said the law is clear that birthright citizenship canā€™t be ended by executive order but that Trump may be inclined to take a shot anyway through the courts.

ā€œI donā€™t take his statements very seriously. He has been saying things like this for almost a decade,ā€ Nowrasteh said. "He didnā€™t do anything to further this agenda when he was president before. The law and judges are near uniformly opposed to his legal theory that the children of illegal immigrants born in the United States are not citizens."

Trump could steer Congress to pass a law to end birthright citizenship but would still face a legal challenge that it violates the Constitution.

__

Associated Press reporter Elliot Spagat in San Diego contributed to this report.