By Mary Kay Linge NY POST
November 21, 2020 |
President Trump may outlaw birthright citizenship — a long-promised victory for his base — in a last-minute executive order, according to reports.
The Department of Justice has been asked to weigh in on the legal implications of an order ending an automatic right to US citizenship for children born on American soil to illegal immigrants and short-term visitors, The Hill reported.
The move, one of several executive orders under consideration by the Trump administration in its final weeks, would set up an early immigration headache for President-elect Joe Biden — and could spark a legal fight that conservatives have been spoiling for.
The legality of birthright citizenship has been presumed under the language of the 14th Amendment for decades. But it has never been considered by the Supreme Court or confirmed under federal law.
The Trump administration imposed visa restrictions on pregnant women in January in an effort to stamp out “birth tourism” — a lucrative business that promises US citizenship to the children of well-off parents in China, Russia and elsewhere.
Trump frequently railed against birthright citizenship for illegal immigrants during his first presidential campaign in 2016
Donald Trump ‘to end birthright citizenship before leaving office’
Lizzie Edmonds
Sat, 21 November 2020
President Trump is reportedly considering ending birthright citizenship before he leaves the White House.
The Hill is reporting several members of the Trump Administration are discussing pushing through an executive order on the citizenship before Joe Biden is sworn in on January 20.
Currently, any babies born in the United States are automatically granted citizenship - regardless of whether their parents are American citizens.
Critics say this means illegal immigrants and tourist visitors to the country can give birth and their child will have citizenship.
It is thought an executive order signed by President Trump would end this.
According to The Hill: “The Department of Justice has been consulted about a possible birthright citizenship order given that it would have deal with the legal implications of any new policy.”
Some experts say any executive order Trump signs on the issue would not hold up under the law because citizenship is protected under the 14th Amendment.
The amendment reads: “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.”
A legal challenge to any executive order signed by the president would almost certainly be lodged if he did attempt to make changes.
The Trump Administration declined to comment specifically on the issue when approached by The Hill.
White House Deputy Press Secretary Judd Deere issued a statement saying: “Since taking office, President Trump has never shied away from using his lawful executive authority to advance bold policies and fulfill the promises he made to the American people.”
The President has previously discussed ending birthright citizenship, claiming that he can enforce it without an amendment.
“It was always told to me that you needed a constitutional amendment. Guess what? You don't,” Trump told Axios back in 2018. “It's in the process. It'll happen, with an executive order."
Birthright citizenship is only offered in 40 countries around the world, with Canada the only other western country where it is a concept.
Lizzie Edmonds
Sat, 21 November 2020
President Trump is reportedly considering ending birthright citizenship before he leaves the White House.
The Hill is reporting several members of the Trump Administration are discussing pushing through an executive order on the citizenship before Joe Biden is sworn in on January 20.
Currently, any babies born in the United States are automatically granted citizenship - regardless of whether their parents are American citizens.
Critics say this means illegal immigrants and tourist visitors to the country can give birth and their child will have citizenship.
It is thought an executive order signed by President Trump would end this.
According to The Hill: “The Department of Justice has been consulted about a possible birthright citizenship order given that it would have deal with the legal implications of any new policy.”
Some experts say any executive order Trump signs on the issue would not hold up under the law because citizenship is protected under the 14th Amendment.
The amendment reads: “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.”
A legal challenge to any executive order signed by the president would almost certainly be lodged if he did attempt to make changes.
The Trump Administration declined to comment specifically on the issue when approached by The Hill.
White House Deputy Press Secretary Judd Deere issued a statement saying: “Since taking office, President Trump has never shied away from using his lawful executive authority to advance bold policies and fulfill the promises he made to the American people.”
The President has previously discussed ending birthright citizenship, claiming that he can enforce it without an amendment.
“It was always told to me that you needed a constitutional amendment. Guess what? You don't,” Trump told Axios back in 2018. “It's in the process. It'll happen, with an executive order."
Birthright citizenship is only offered in 40 countries around the world, with Canada the only other western country where it is a concept.
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