Collins, King slam Trump plan to end birthright citizenship

Saul Bowman
November 1, 2018

Ryan told a Kentucky radio station Tuesday that "you cannot end birthright citizenship with an executive order", following remarks from the President indicating that Trump believes he can do just that, though many legal scholars disagree.

Trump's plans to end the policy further escalates his administration's efforts to promote immigration as a major campaign issue before the November 6 midterm elections.

In Trump's Monday interview with Fox, he said the USA also plans to build tent cities to house migrants seeking asylum, who would be detained until their cases were completed.

Trump's administration has detained thousands of illegal immigrants under USA immigration law, undercutting the argument that they do not fall under American legal jurisdiction.

The doctrine of birthright citizenship was established by the US Supreme Court in the 1898 decision in Wong Kim Ark v. the United States, a case brought by the US-born son of Chinese nationals.

Judge Andrew Napolitano said Wednesday on "Outnumbered" that Congress can not stop the child of an undocumented parent from becoming a legal American citizen.

But because President Trump has taken up the issue in recent days, Reid has changed his mind. "You can do it through an executive order". "Guess what? You don't". In simple terms, this means that, even if children are born to immigrants, they are still considered US citizens if they are born "within and subject to the jurisdiction of the United States".


Ryan, who is retiring from Congress after this term, said Tuesday that Trump "obviously" could not end birthright citizenship through executive action, and legal scholars are divided on whether even Congress can do it by legislation. We don't even know how many of these kids don't make it and may have been waylaid into sex trafficking or killed because they fell off a train. Conservatives have argued the citizenship provision for children applies only to those born to legal US citizens.

The Pentagon this week said it would deploy more than 5,000 active-duty soldiers to the southern boundary, as thousands of Central American migrants head north through Mexico.

"No president can change the Constitution with the stroke of a pen. It's a good thing to focus on how to improve our own country", one commenter wrote on Weibo, China's version of Twitter.

The U.S.is among about 30 countries where birthright citizenship - the principle of jus soli or "right of the soil" - is applied, according to the World Atlas and other sources. It states in part, "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".

Old footage of former Senate Minority Leader Harry Reid (D-Nev.) shows that some of the strong voices in the Democratic Party agree with President Donald Trump on his proposal to abolish birthright citizenship.

John Eastman, a constitutional scholar at Chapman University's Center for Constitutional Jurisprudence, told Axios that the line "subject to the jurisdiction thereof" originally referred to people fully and politically allied with the United States - green-card holders and citizens.

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