UN Trump targeting birthright citizenship with executive order

https://www.axios.com/trump-birthright-citizenship-executive-order-0cf4285a-16c6-48f2-a933-bd71fd72ea82.html

President Trump plans to sign an executive order that would remove the right to citizenship for babies of non-citizens and unauthorized immigrants born on U.S. soil, he said yesterday in an exclusive interview for "Axios on HBO," a new four-part documentary news series debuting on HBO this Sunday at 6:30 p.m. ET/PT.

Why it matters: This would be the most dramatic move yet in Trump's hardline immigration campaign, this time targeting "anchor babies" and "chain migration." And it will set off another stand-off with the courts, as Trump’s power to do this through executive action is debatable to say the least.

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Trump told "Axios on HBO" that he has run the idea of ending birthright citizenship by his counsel and plans to proceed with the highly controversial move, which certainly will face legal challenges.

• "It was always told to me that you needed a constitutional amendment. Guess what? You don't," Trump said, declaring he can do it by executive order.
• When told that's very much in dispute, Trump replied: "You can definitely do it with an Act of Congress. But now they're saying I can do it just with an executive order."
• "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," Trump continued. "It's ridiculous. It's ridiculous. And it has to end." (More than 30 countries, most in the Western Hemisphere, provide birthright citizenship.)
• "It's in the process. It'll happen ... with an executive order."

The president expressed surprise that "Axios on HBO" knew about his secret plan: "I didn't think anybody knew that but me. I thought I was the only one. "

• Behind the scenes: "Axios on HBO" had been working for weeks on a story on Trump’s plans for birthright citizenship, based on conversations with several sources, including one close to the White House Counsel’s office.

The legal challenges would force the courts to decide on a constitutional debate over the 14th Amendment, which says:

• "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 wherein they reside."

Be smart: Few immigration and constitutional scholars believe it is within the president's power to change birthright citizenship, former U.S. Citizenship and Immigration Services chief counsel Lynden Melmed tells Axios.

• But some conservatives have argued that the 14th Amendment was only intended to provide citizenship to children born in the U.S. to lawful permanent residents — not to unauthorized immigrants or those on temporary visas.
• John Eastman, a constitutional scholar and director of Chapman University's Center for Constitutional Jurisprudence, told "Axios on HBO" that the Constitution has been misapplied over the past 40 or so years. He says the line "subject to the jurisdiction thereof" originally referred to people with full, political allegiance to the U.S. — green card holders and citizens.

Michael Anton, a former national security official in the Trump administration, recently took up this argument in the Washington Post.

• Anton said that Trump could, via executive order, "specify to federal agencies that the children of noncitizens are not citizens" simply because they were born on U.S. soil. (It’s not yet clear whether Trump will take this maximalist argument, though his previous rhetoric suggests there’s a good chance.)
• But others — such as Judge James C. Ho, who was appointed by Trump to Fifth Circuit Court of Appeals, in New Orleans — say the line in the amendment refers to the legal obligation to follow U.S. laws, which applies to all foreign visitors (except diplomats) and immigrants. He has written that changing how the 14th Amendment is applied would be "unconstitutional."

Between the lines: Until the 1960s, the 14th Amendment was never applied to undocumented or temporary immigrants, Eastman said.

• Between 1980 and 2006, the number of births to unauthorized immigrants — which opponents of birthright citizenship call "anchor babies" — skyrocketed to a peak of 370,000, according to a 2016 study by Pew Research. It then declined slightly during and following the Great Recession.
• The Supreme Court has already ruled that children born to immigrants who are legal permanent residents have citizenship. But those who claim the 14th Amendment should not apply to everyone point to the fact that there has been no ruling on a case specifically involving undocumented immigrants or those with temporary legal status.

The bottom line: If Trump follows through on the executive order, "the courts would have to weigh in in a way they haven't," Eastman said.

 

[mindlessobserver]

*inarticulate screeching*
*5 paragraphs of words*


He can't do that. And even if he could congress is the forum where such a sweeping change of immigration law should take place.

 

[It's HK-47]

*inarticulate screeching*
*5 paragraphs of words*


He can't do that. And even if he could congress is the forum where such a sweeping change of immigration law should take place.

I feel like "He can't do that" and then "Oh my God he did that" are just the staples of his presidency at this point.

 

[trigon]

Trump is right in his claim that citizenship is not automatically granted by the 14th, however Article 1 Section 8 clearly states that the rules of naturalization are under the purview of the Congress.

 

[Doc Cassidy]

Yeah, the current interpretation of the fourteenth amendment is bullshit but the executive branch doesn't have the authority to change it. It's clearly the responsibility of congress so SCOTUS will strike this down for sure.

 

[Maxliam]

*inarticulate screeching*
*5 paragraphs of words*


He can't do that. And even if he could congress is the forum where such a sweeping change of immigration law should take place.

That's where you're wrong, kiddo.

Actually why the hell isn't this the fucking law? If you're parents are illegals, you don't deserve any legal citizenship for just being their fuck trophy. I worked with people who worked at detention centers for illegals/refugees from shitholes like Haiti. They had to keep genders separate because those little third world monkeys were trying to pump out anchor babies. By taking the wind out of their sails with that shit, maybe we can make illegal immigration less enticing.

Frankly we also need to go after people who employ illegals. Like you serve prison time if you knowingly hire illegals. It's time to make them build the wall. Yes, not just the illegals caught but the people who hire them. Hard labor building the damn wall.

Yeah, the current interpretation of the fourteenth amendment is bullshit but the executive branch doesn't have the authority to change it. It's clearly the responsibility of congress so SCOTUS will strike this down for sure.

I bet the Democrats are probably not happy with themselves for basically pissing off Kavanaugh with their shit. I wonder how he's gonna vote when this case is brought to court. Really is a noodle-scratcher, eh?

 

[Unpleasant]

Yeah, the current interpretation of the fourteenth amendment is bullshit but the executive branch doesn't have the authority to change it. It's clearly the responsibility of congress so SCOTUS will strike this down for sure.

I agree with you completely, but the travel ban was explicitly within the purview of the executive and activist judges went nuts to file injunctions over that as soon as they could. I dont think this proposed EO can stand and I'm not sure how it will justify itself, but the idea is clearly so trump can say he is doing something and the left is blocking him.

Birthright citizenship is, within the civilized world at least, largely an American phenomenon and I'm not sure it was the intent of those who framed the 14th, despite it being the prevailing belief.

For example,

Senator Jacob Howard worked closely with Abraham Lincoln in drafting and passing the Thirteenth Amendment to the United States Constitution, which abolished slavery. He also served on the Senate Joint Committee on Reconstruction, which drafted the Fourteenth Amendment to the United States Constitution. In 1866, Senator Jacob Howard clearly spelled out the intent of the 14th Amendment by writing:

"Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners,aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."

https://www.14thamendment.us/birthright_citizenship/original_intent.html

 

[mindlessobserver]

The courts would strike it down no question. This is not the sort of thing a President can do by executive order. If Congress were to mandate it in legislation then it may stand up. Executive orders are just marching commands sent to the beaurocracy. He can TELL INS to not issue citizenship to people born in the US for certain reasons. But that does not make it lawful, and the lawsuits that would be launched on behalf of newborns will flood the courts.

He can demand that Congress write it into a planned immigration reform legislation. It may pass muster then.

 

[Maxliam]

The courts would strike it down no question. This is not the sort of thing a President can do by executive order. If Congress were to mandate it in legislation then it may stand up. Executive orders are just marching commands sent to the beaurocracy. He can TELL INS to not issue citizenship to people born in the US for certain reasons. But that does not make it lawful, and the lawsuits that would be launched on behalf of newborns will flood the courts.

He can demand that Congress write it into a planned immigration reform legislation. It may pass muster then.

I think this is meant to remind people that the democrats want to flood this country with idiots and ditch diggers from shitholes.

 

[Doc Cassidy]

but the travel ban was explicitly within the purview of the executive and activist judges went nuts to file injunctions over that as soon as they could.

Absolutely. The travel ban was clearly within the power of the executive branch, that's why Judge Derrick Watson had to make the extremely bizarre argument that it somehow violated the first amendment rights of Syrians living in Syria. That has to be the stupidest argument I've ever heard and tbh it's embarrassing and damages the ability to trust the supreme court to rule fairly.

This and the travel ban have nothing in common.

 

[RG 448]

So Trump aims to keep families together by preventing a child from having citizenship while its parents do not. What a monster. Weren’t people pissed at him for doing the opposite like a year ago? Pick a lane!

 

[Doc Cassidy]

I think this is meant to remind people that the democrats want to flood this country with idiots and ditch diggers from shitholes.

This. Trump isn't actually going to do it he just wants to make the Democrats screech about how illegal immigrants have as much right to be here as citizens so he can run to the people and say "Look, the Democrats support open borders!"

The Democrats will fall for it like they do every single time. It's extremely transparent what he's doing but they'll still dance to his tune.

 

[Rei is shit]

This. Trump isn't actually going to do it he just wants to make the Democrats screech about how illegal immigrants have as much right to be here as citizens so he can run to the people and say "Look, the Democrats support open borders!"

The Democrats will fall for it like they do every single time. It's extremely transparent what he's doing but they'll still dance to his tune.

That and hopefully sending a message to would be illegal immigrants.

 

[AnOminous]

He can't do that. And even if he could congress is the forum where such a sweeping change of immigration law should take place.

Not "should." It's constitutionally required under Article I.

Trump may as well declare the Moon to be made of green cheese.

 

[Wallace]

Maybe this will make Congress realize that giving broad powers to the executive branch is a bad idea, and then they'll get their thumbs out of their asses and start addressing these problems themselves.

And as long as I'm dreaming, I'd like a pony.

 

[Sissy Galvez]

I’m 100% all for stopping wealthy Chinese and Russians from giving their kids citizenship by coming over here and having a baby. This shit hasn’t to stop and should be illegal.

I’d love to see this force congress to act but congress is fucking worthless.

 

[Bongsnake McGee]

I realize that this is probably posturing on the T's part, but this is also about the only bit of the US naturalization process I don't really mind.

It's not the kids being citizens that's the problem (Hey, even if you don't live here ever again, you're suddenly on the hook for US taxes).

 

[MW 002]

Make it so that you have to have been a citizen for fifteen years to even be able to apply for welfare and you’ll most likely see these immigrants look elsewhere.

 

[AnOminous]

Make it so that you have to have been a citizen for fifteen years to even be able to apply for welfare and you’ll most likely see these immigrants look elsewhere.

Congratulations, you just did away with all children's programs because nobody under the age of 15 would qualify.

 

[Sissy Galvez]

I realize that this is probably posturing on the T's part, but this is also about the only bit of the US naturalization process I don't really mind.

It's not the kids being citizens that's the problem (Hey, even if you don't live here ever again, you're suddenly on the hook for US taxes).

It kind of is, though. Especially in the case I mentioned, once their kids turn 18 they come over here for college and then apply for their parents to obtain green cards. It’s not huge numbers but another way wealthy elites are buying US citizenship. It should end, we don’t need more Russian oligarchs and rich Chinese here.