Connect with us

Politics

Trump, on birthright citizenship, 14th amendment has ‘zero authority’ to change

Published

on


trump
President Donald Trump has
“zero authority” to end birthright citizenship, legal experts
say.

Chip Somodevilla/Getty
Images


  • President Donald Trump has “zero authority” to end birthright
    citizenship, immigration and legal experts say.
  • Experts said his plan to do so via executive order is a
    desperate “Hail Mary” to garner support ahead of the 2018 midterm
    elections next week.
  • In the US, birthright citizenship is enshrined in the 14th
    Amendment to the Constitution.
  • Legal experts strongly doubt the Supreme Court would rule in
    favor of the president.

President Donald Trump has “zero authority” to end birthright
citizenship and his plan to do so via executive order amounts to
a “Hail Mary” to garner support ahead of the 2018 midterm
elections next week, legal and immigration experts say. 

In an interview with “Axios on HBO,” Trump called the concept of
birthright citizenship “ridiculous” and said it “has to end.”

“We’re the only country in the world where a person comes in and
has a baby, and the baby is essentially a citizen of the United
States … with all of those benefits,” Trump said, falsely —
more than 30
countries
 have laws providing for birthright
citizenship. 

In the US, birthright citizenship is enshrined in the 14th
Amendment to the Constitution, which
says
: “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.”

But Trump told Axios he does not believe he needs to go
about ending the practice via a constitutional amendment.

“You can definitely do it with an Act of Congress. But now
they’re saying I can do it just with an executive order,” he
said.

Experts
strongly dispute Trump’s claims

‘The 14th Amendment is clear’

“Trump has zero authority to amend the Constitution through
executive fiat, and he certainly can’t do it with a tweet,”
Matthew Kolken, an immigration attorney in Buffalo, New
York, told Business Insider on Tuesday. 

Kolken added that it would be “virtually impossible” to
amend the Constitution in today’s “political climate,” since it
would require either a two-thirds majority vote in both the House
of Representatives and the Senate or by a constitutional
convention called for by two-thirds of State legislatures.

“It is also exceptionally unlikely that either of Trump’s
nominees to the Supreme Court would rule that there is any
ambiguity in the 14th Amendment, which provides for birthright
citizenship,” Kolken said. 

Greg Siskind, an immigration lawyer based in Memphis,
Tennessee, described Trump’s desire to end birthright citizenship
as an “extremist act” the Supreme Court is highly likely to
reject. 

“I think the 14th Amendment is clear in enshrining
birthright citizenship in the law and there is interpretive case
law from the Supreme Court supporting this,” Siskind told
Business Insider. “Even with a conservative Supreme Court, I have
faith the Court will reject this extremist act.”

Siskind described the plan, as well as the Trump
administration’s decision to send
thousands of troops to the US border
 later this week, as
“Hail Mary passes designed to thwart disaster” for Republicans in
next week’s midterms. 

“On the other hand, given the administration’s history, I’m
not doubting they will still pursue these measures after the
election,” Siskind added. 

Trump’s professed desire to end birthright was also decried
by immigration activists and human rights groups. 

“This is a blatantly unconstitutional attempt to fan the
flames of anti-immigrant hatred in the days ahead of the
midterms. The 14th Amendment’s citizenship guarantee is clear,”
the American Civil Liberties Union tweeted Tuesday.

Continue Reading
Advertisement Find your dream job

Trending