President Donald Trump's decision to bring an executive order to end the right to the US citizenship for children born in the U.S.to non-citizens has invited widespread criticism, even from his own party. Some of Trump's previous immigration executive orders, including an attempt to bar entry to citizens from some Muslim-majority countries, came under legal scrutiny after a chaotic drafting process.
In their crusade against President Trump, globalists trot out alleged experts claiming that Trump's proposal is impossible, unconstitutional, or morally wrong.
But while the question of whether President Trump can stop birthright citizenship for children born to illegal immigrants with an executive order is important - it depends on which reading of the 14th amendment you subscribe to - more timely perhaps is the question of whether or not he should.
"I think the 14th Amendment is clear in enshrining birthright citizenship in the law, and there is interpretive case law from the Supreme Court supporting this", Siskind told Business Insider. Trump called birthright citizenship "ridiculous" and said that "it has to end". The host pointed out that this is in dispute.
One member of Congress, Republican US Senator Lindsey Graham said he would move forward to introduce legislation "along the same lines" as Trump's order.
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"No matter how much he may want to appeal to the alt-right, President Trump can't alter the Constitution through executive order".
Harvard Law professor Laurence Tribe criticized Trump's idea of revoking birthright citizenship, tweeting that "if the 14th Amendment could be wiped out with the stroke of Trump's pen, the whole United States constitution could be erased that way".
House Speaker Paul Ryan disagreed with President Trump about the constitutionality of eliminating automatic citizenship for people born in the United States.
Democrats and other critics have decried the president's rhetoric as inflammatory, urging Trump to tone down his language and calling on the electorate to use next week's vote as a way to reject such policies.
Under the current laws, anyone born in the US irrespective of the nationality of parents, automatically becomes an American citizen.
Revoking birthright citizenship would trigger a legal battle over whether the president has the unilateral power to change an amendment to the Constitution.
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As early as 2015, Trump characterized birthright citizenship as a "magnet" for illegal immigration and the 14th Amendment as "questionable" in this context.
Politics or not, immigration lawyers say no president can unilaterally end citizenship rights for children of non-citizens who are born on USA soil.
The ACLU was also bitterly opposed to Trump's policy of vetting travelers from countries that are hotbeds of terrorism. Many legal scholars would argue such a change requires a constitutional amendment.
On Monday, Trump described the migrant caravan as an "invasion on our country" as his administration announced plans to deploy at least 5,200 troops to the border by the end of this week.
The 14th Amendment and the Immigration and Naturalization Act of 1952, both ratified by Congress, state that people born in the USA and subject to its jurisdiction are citizens at birth.
"Constitution applies to all people in America, everybody, and that's why America is so great", she said.
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The problem with this interpretation is that it's relatively new, and runs contrary to the way the 14th amendment has been enforced since ratified in the 19th century.