United States President Donald Trump stated his plans to sign an executive order that would put an end to birthright citizenship. This citizenship status presently belongs to individuals that were born in American despite their parents being non-citizens.
President Trump explains that he recently discovered an act of Congress is not needed to change present law. He says he was given incorrect information on the matter in the past. An Axiom interviewer informed the president that his assertion is being challenged by lawmakers on the opposite side of the issue. The president appeared unbothered by the information. He told the interviewer that the executive order is already ‘in progress.’
The legal issue at hand is the 14th Amendment. The Amendment promises citizenship to all individuals born in America. Legal scholars insist that an executive order reversing the principles laid out in the 14th Amendment would violate the Constitution.
Omar Jadwat, a lawyer working on the ACLU’s Immigrants’ Rights Project, says the president is not allowed to eliminate the constitution with his signature. Jadwat goes on to say that the protections given to individuals born on American soil by the constitution are clearly written. The lawyer ended by saying that the president and his supporters on the matter are in clear violation of the constitution and are attempting to create more division among Americans.
Conservative legal experts disagree. Conservatives say that the 14th Amendment was written only with the children of slaves in mind. They also contend that the amendment should be applied only to people born in the country legally.
Michael Anton, a one-time national security official, expresses the 14th Amendment clearly differentiates from slaves, who were owed citizenship, and immigrants, who were merely subject to American laws when present in the country.
Anton explains his belief that birthright citizenship can be ended in two ways: First, Anton says, the United States Congress can decide that non-citizens are no longer subject to U.S. jurisdiction. Secondly, the president could sign an order that informs all government agencies that children born to non-citizens of the country are not to be granted citizenship.
Senate Republican Lindsey Graham is in agreement with the president and says that he will introduce legislation to end birthright citizenship.