Trump's plan to end birthright citizenship more conceivable in second term | Donald Trump

Donald Trump likely won't be able to achieve his stated goal of ending birthright citizenship in the United States upon his return to the White House, but it's perhaps more conceivable than when he first mandate, according to lawyers.

The U.S. Constitution guarantees citizenship to anyone born in the country, even if they are the children of undocumented immigrants.

The president-elect has said he would eliminate the right in his first term and again recently said in a television interview that he was considering and may resort to executive action or perhaps should return to the people.

The goal comes just as Trump plans to carry out mass deportations of millions of undocumented immigrants during his second term, an ambition that has civil liberties groups and many Democrats bracing for chaos. and economic and legal protests.

But if Trump tried to use executive action to eliminate the birthright, courts would likely strike it down because of the language in the 14th Amendment, scholars say.

However, given the conservative majority on the Supreme Court and the fact that one of those considered for the Court has argued that the provision does not apply to the children of foreign invaders, it is unclear whether legal citizenship will remain in place, Amanda said. Frost, a law professor at the University of Virginia and an expert on immigration and citizenship law.

At the end of his last presidency, if someone asked me: is this something he can do? I would have said: This will never happen; It's just a topic of discussion, Frost said. The text of the Constitution, judicial precedent, very long-standing practice, and the purpose of the provision all say: No, but ultimately the Constitution means what five members of the Supreme Court say it means .

The right to citizenship dates back to the passage of the 14th Amendment in 1868, following the American Civil War, and it was intended to repeal the Dred Scott decision, in which the Supreme Court ruled that slaves were not citizens of the United States.

The amendment declares that 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 in which they reside.

It's not something that is subject to unilateral decree, said Andrew Rudalelevige, a professor at Bowdoin College who studies the American presidency and has written a book on the limits of presidential power. The language of the 14th Amendment is quite clear.

But in 2018, Trump said he could and would use an executive order to end the citizenship rights of children born in the United States to noncitizens. He also inaccurately stated that the United States was the only country to grant birthright citizenship, when in reality many countries grant the same right.

We're the only country in the world where a person comes in, gives birth to a baby and the baby is essentially a citizen of the United States for 85 years with all these benefits. It's ridiculous. It's ridiculous and it has to stop, Trump said in an interview on HBO.

Then Trump said recently on Meet the Press that he didn't take executive action in his first term because he had to fix Covid first, but that he would do so on his first day in office. administration.

Proponents of eliminating the birthright have argued that the jurisdiction's terms could exclude the children of undocumented immigrants.

Congress has the power to define what it means to be born in the United States and subject to its jurisdiction, Utah Republican Senator Mike Lee posted on X. Although current law contains no such restrictions, Congress could pass legislation defining what this means. be born in and subject to the jurisdiction of the United States, prospectively excluding from birthright persons born in the United States to illegal alien parents.

Adam Winkler, a law professor at UCLA, said there is no legal understanding of the term jurisdiction to support the argument that undocumented immigrants are not subject to U.S. jurisdiction.

The government has power over them. That's what we mean by competence, Winkler said. If conservatives are willing to assert that undocumented immigrants can never be imprisoned for a crime, perhaps they could begin to make progress. But I don't think that's a conclusion they really want to reach.

U.S. Fifth Circuit Judge and Trump appointee James Ho, who some say could be nominated to the Supreme Court if opened, recently told Reason magazine that no one has ever argued that the children of alien invaders were entitled to citizenship by birth. .

He previously expressed the opposite view, writing: Birthright citizenship is guaranteed by the 14th Amendment. This birthright is no less protected for the children of undocumented people than it is for the descendants of the Mayflower passengers.

Although Frost thinks the Supreme Court is unlikely to overturn the birthright of citizenship, she stressed that the court can be swayed by public opinion.

For example, in 1986, the Supreme Court ruled that the 14th Amendment did not prevent states from criminalizing private sexual relations involving same-sex couples. Then, in 2003, the court overturned that decision and declared all sodomy laws unconstitutional.

The way constitutional changes typically occur is an accumulation of diverse voices supporting that change and public opinion, Frost said.

Trump didn't specify what he meant when he said that to eliminate the birthright, it might have to come back to the people.

But to amend the Constitution, which has not happened since 1992, the amendment would have to be proposed either by Congress with a two-thirds majority in the House and Senate, or by a constitutional convention called by the two-thirds of the state. legislatures. The legislatures of three-quarters of the states would then have to ratify it.

It's quite a procedural hurdle, in terms of getting a supermajority in Congress, to get a supermajority of states to approve it, Rudalevige said. That's a pretty high bar.

But for Trump, even if he is unable to muster support for a constitutional amendment or the court overturns an executive order, he might conclude that he is profiting from the fight, from showing that he is trying to change the established path. to do business, even if he is fundamentally wrong, Rudalevige said.

In the unlikely event that Trump eliminates the birthright, the change would harm the country, researchers say.

The 14th Amendment was about ending casteism in America, the idea that there is a lower class, an underclass, that lives among us, Frost said. This could bring that back.

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