Birthright Citizenship And The Constitution

Why Trump cannot eliminate birthright citizenship for children of undocumented immigrants by executive order.

In a recent interview, President Donald Trump claimed that he can issue an executive order to end birthright citizenship for children of undocumented immigrants born in the United States. The proposed order might alsoprevent US-born children of foreigners here on temporary visas from getting citizenship. Can Trump legally do that? The short answer is no. The Fourteenth Amendment gives birthright citizenship to children of undocumented immigrants and visa holders, if they are born on US soil. Even if that were not the case, the power to grant citizenship is a congressional power, not an executive one. I have some reservations about the morality and policy of birthright citizenship. But the constitutional issue is clear: Trump does not have the power to end birthright citizenship at all, and certainly not by an executive order issued without congressional authorization….

>>> continue reading: Birthright Citizenship And The Constitution

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