Donald Trump plans to sign an executive order revoking “birthright citizenship” for the children of non-American citizens who are born on U.S. soil to become automatic citizen.
Trump could change the application with an executive order to give birthright citizenship only to children born of legal permanent residents.
In interview for Axios on HBO Trump said,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. It’s ridiculous. It’s ridiculous. And it has to end.’
Trump says he can change the law without amending the Constitution and can do so with an executive order.
A preview of the documentary, which airs on Sunday, shows him saying:
It was always told to me that you needed a constitutional amendment. Guess what? You don’t.
You can definitely do it with an Act of Congress. But now they’re saying I can do it just with an executive order.
It’s in the process. It’ll happen… with an executive order.
Former US Citizenship and Immigration Services chief counsel Lynden Melmed told Axios that very few experts believe the President has the power to change birthright citizenship.
Trump says White House lawyers are reviewing his proposal. It’s unclear how quickly he’d act on an executive order.
“The 14th Amendment is explicit on this question: persons born in the U.S. are citizens of the U.S. and of the states in which they reside,” said Sarah E. Turberville, director of The Constitution Project with the Project on Government Oversight.
“You can quibble over whether this is a good policy, but you can’t quibble over what the Constitution very specifically says on the manner,” she said.
former Florida Gov. Jeb Bush, argued at the time that the phrase ‘subject to the jurisdiction’ refers only to people with a legal right to be in the country.