Posted on 10/30/2018 2:48:25 AM PDT by be-baw
President Trump plans to sign an executive order that would remove the right to citizenship for babies of non-citizens and unauthorized immigrants born on U.S. soil, he said yesterday in an exclusive interview for "Axios on HBO," a new four-part documentary news series debuting on HBO this Sunday at 6:30 p.m. ET/PT.
Why it matters: This would be the most dramatic move yet in Trump's hardline immigration campaign, this time targeting "anchor babies" and "chain migration." And it will set off another stand-off with the courts, as Trump’s power to do this through executive action is debatable to say the least.
Trump told Axios that he has run the idea of ending birthright citizenship by his counsel and plans to proceed with the highly controversial move, which certainly will face legal challenges.
"It was always told to me that you needed a constitutional amendment. Guess what? You don't," Trump said, declaring he can do it by executive order. When told says that's very much in dispute, Trump replied: "You can definitely do it with an Act of Congress. But now they're saying I can do it just with an executive order."
"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 continued. "It's ridiculous. It's ridiculous. And it has to end." "It's in the process. It'll happen ... with an executive order."
The president expressed surprise that Axios knew about his secret plan: "I didn't think anybody knew that but me. I thought I was the only one. "
Behind the scenes:
Swan had been working for weeks on a story on Trump’s plans for birthright citizenship, based on conversations with several sources, including one close to the White House Counsel’s office. The story wasn’t ready for prime time, but Swan figured he'd spring the question on Trump in the interview.
The legal challenges would force the courts to decide on a constitutional debate over the 14th Amendment, 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."
Be smart: Few immigration and constitutional scholars believe it is within the president's power to change birthright citizenship, former U.S. Citizenship and Immigration Services chief counsel Lynden Melmed tells Axios.
But some conservatives have argued that the 14th Amendment was only intended to provide citizenship to children born in the U.S. to lawful permanent residents — not to unauthorized immigrants or those on temporary visas. John Eastman, a constitutional scholar and director of Chapman University's Center for Constitutional Jurisprudence, told Axios that the Constitution has been misapplied over the past 40 or so years. He says the line "subject to the jurisdiction thereof" originally referred to people with full, political allegiance to the U.S. — green card holders and citizens.
Michael Anton, a former national security official in the Trump administration, recently took up this argument in the Washington Post.
Anton said that Trump could, via executive order, "specify to federal agencies that the children of noncitizens are not citizens" simply because they were born on U.S. soil. (It’s not yet clear whether Trump will take this maximalist argument, though his previous rhetoric suggests there’s a good chance.) But others — such as Judge James C. Ho, who was appointed by Trump to Fifth Circuit Court of Appeals, in New Orleans — say the line in the amendment refers to the legal obligation to follow U.S. laws, which applies to all foreign visitors (except diplomats) and immigrants. He has written that changing how the 14th Amendment is applied would be "unconstitutional."
Between the lines: Until the 1960s, the 14th Amendment was never applied to undocumented or temporary immigrants, Eastman said.
Between 1980 and 2006, the number of births to unauthorized immigrants — which opponents of birthright citizenship call "anchor babies" — skyrocketed to a peak of 370,000, according to a 2016 study by Pew Research. It then declined slightly during and following the Great Recession.
The Supreme Court has already ruled that children born to immigrants who are legal permanent residents have citizenship. But those who claim the 14th Amendment should not apply to everyone point to the fact that there has been no ruling on a case specifically involving undocumented immigrants or those with temporary legal status.
The bottom line: If Trump follows through on the executive order, "the courts would have to weigh in in a way they haven't," Eastman said.
The full interview will air on "Axios on HBO" this Sunday, Nov. 4, at 6:30 p.m. ET/PT.
Trump wants this to go to the now conservative 5-4 Supreme Court so the constitutional controversy as to birthright citizenship of children born to illegals can be clarified hopefully on the side that the constitution never intended for children of illegals to have birthright citizenship. Clearly if it were a 5-4 liberal court he would not waste his time as the constitution is a mere afterthought to a liberal judiciary in legislative lockstep in enacting progressive policies.Only way of getting it to the Supreme Court is Congress passing a bill ending birthright for illegals. But this would fail passage because Senate Dems would filibuster it. So an executive order should do the trick in getting it in front of the Supreme Court to get the clarification on the issue hopefully ending birthright citizenship for illegals
Can they seek refuge in another country's embassy or consulate while in the United States, where they are not subject to our jurisdiction?
If they can, then they do not have full and complete allegiance to the United States.
There is no territory inside the United States where you or I can avoid United States jurisdiction, is there?
-PJ
Then on it can go to the SCOTUS.
No, duality is not recognized. Leave the US on a US PP, then try to reenter the US on your “other” one, see how that goes. Also, try to purchase a airline ticket with a non US PP while claiming US citizenship, cannot do it.
Foreign nationals with a visa for work etc can come to the US w/o a pre-existing return airline or other means of planned departure, others (tourists etc) can’t enter the US w/o one (legally).
Officers in the US government service ( state, DOD etc) must foreswear any other allegiance before being commissioned.
As TR stated back in the early 1900s, either you are an American alone or you are not an American at all....(paraphrasing his quote).
“That is why SCOTUS must be forced to rule on that clause”
Why? The 14th is clear. Congress has not passed a law giving children born to illegal aliens U.S. citizenship.
President Trump, as chief executive, is going to follow the law and enforce the law. IOW, he doesn’t need a court to ‘interpret’ the Constitution so that he can enforce it.
Because at this moment in time birthright citizenship is being granted
Jorge Ramos is a dual citizen.
It’s about time and make it effective immediately.
Hopefully, not for long. When the VSG PDJT enforces the real law. Not the conjured out of thin air ‘law’. See the difference?
You are wrong. The courts will be involved whether you like it or not. Do you really think that Trump’s order will not be challenged in the courts? Or that an injunction will not be issued by some lower court federal judge like what happened with DACA, the so-called Muslim travel ban, etc.?
As I said, Trump’s action would be a good first step, but a long fight is ahead, especially if the Dems gain control of the House.
Who’s tasked with enforcing the law? The courts or the executive? /rhet.
He doesn’t need the courts permission on anything.
I wish our forefathers had set up a way for foreigners to become legal American citizens. /s/
This may help us both understand the issues, kinda like serving two masters but being protected (potentially) by neither.
Duality by its definition is illogical, espc for an adult. Retention of a birth conveyed citizenship may be one thing, but upon majority, it seems it is not feasible- get drafted by the Swiss while in the US and have ( by laws of Switzerland) to serve your hitch in the Swiss Guard, or not....
While working in a ROTC program, we had to force, by law and policy, hundreds of “dual” cadets to choose, either renounce the other or forfeit and pay back scholarships etc and get booted ( and in a few cases, deported as well!). It is a requirement for all commissioned officers to be US citizens alone-I cannot see how a naturalized person can swear allegiance to the US constitution and retain any allegiance to another state.
There is no more Time Warner. It’s called Warner Media and is owned by AT&T.
I’m sure they envisioned shoe-horning the naturalization process under one amendment. Only to be remedied by another laborious amendment process. Nothing as silly as giving congress the power of naturalization.../s
Trump is forcing action. Poll after poll show that the vast majority of Americans want to end birthright citizenship.
Birthright Citizenship in the United States A Global Comparison
As I see it, of course I am not a lawyer and did not even stay at the Holiday Inn Express last night.
There has never been a law or court case that determined babies born here to people here illegally would be automatically citizens. In fact for many years babies born here to illegals were not given citizenship. In the 60s it was something that just started being done. To me it was a policy change. Presidents often use EO to change policy.
Of course the left will argue otherwise so this will surely go to court, likely all the way to the Supreme Court.
This is something that is foolish, no country in its right mind would give citizenship to babies born to people in the country illegally. It needs to be ended.
Something to think about, because most people do not distinguish between born here (citizenship) and natural born as requirement to be President in this country we could have a real mess at some point. How about a baby born here to illegals, parents end up deported, baby goes with them- raised in another country. Comes back as adult waving their US citizenship- with no other connection to this country and the left supports that person to the Presidency.
Otherwise giving citizenship to children of illegals is used to manipulate our immigration system and get on the handout express.
JUST DO IT! This will be nullified by commie symp judges so will end up in the Supreme Court where we rule! And will rule even better within a year when Ruth GinzBorg whatever checks out all or halfway as in becoming a 100% drooler.
just because you or others carried out actions under a wrongly interpretted law for decades, doesn’t truly change the actual law as it was originally passed and intended, or mean it’s ok and we have to keep saying it’s ok.
Truth wins in the end even if it takes a while.
imo people who have jobs straddling line of enabling things against our country are part of the problem, they have dirty hands and support themselves in helping hurt the people/USA. Like Matthew the tax collector before Jesus called Him and opened his mind and eyes to a better way. I feel the same way about people I know who make thier living helping legal or illegal people suck up tax dollars in entitlements many other ways too.
>You can search by country. But, for example, the Mexican constitution specifically states that a child of a Mexican woman is a citizen of MEXICO, no matter where they are born.<
That’s right!
I want the entire US to know this and tell the congress we want RECIPROCITY with Mexican law!
For instance, no foreigner can OWN our land, industries, or other economic and political life support infrastructure.
Look at Mexico’s own immigration laws. And, to top it off, look at Switzerland’s immigration and citizen’s naturalization laws, and adopt them for our own.
I remember when I was a kid during WWII, when our school teachers were downtown in our small town, that the immigrant Scandinavian men would tip their hats to the teachers because they were teaching the immigrant’s kids and grand kids how to become Americans.
There is a lot of the old customs and pride I believe we must return to.
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