Published: Thu, November 01, 2018
Global News | By Blake Casey

Trump Says Birthright Citizenship Issue Will Go to Supreme Court

Trump Says Birthright Citizenship Issue Will Go to Supreme Court

During the interview on Tuesday, Ryan quickly sought to emphasize common ground with the president on immigration policy, despite saying that it was not possible to end birthright citizenship via executive order.

Here's what you need to know about birthright citizenship - and why the president wants to get rid of it.

"So-called Birthright Citizenship, which costs our Country billions of dollars and is very unfair to our citizens, will be ended one way or the other", he tweeted.

The majority opinion in 1873 said: "The phrase, "subject to its jurisdiction" was meant to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States".

"Illegal aliens and temporary visitors are not citizens of the United States by birth here don't have to be under 14th Amendment", said Kovach.

Others say the issue is not up for change, including Judge James C. Ho, who was appointed by Trump to the Fifth Circuit Court of Appeals in New Orleans.

But Jon Feere, a legal policy analyst at the Center for Immigration Studies, wrote on the organization's website that some scholars believe the concept of birthright citizenship enshrined in the 14th Amendment can be challenged. I will closely review President Trump's executive order.

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Trump raised the idea of using an executive order to end the citizenship provision enshrined in the 14th Amendment during an interview on Tuesday.

In the run-up to the November 6 congressional elections, Trump has seized on a caravan of migrants from Central America who are trekking through Mexico toward the United States, calling the migrants a threat.

Most legal scholars say the jurisdiction language denies citizenship only to those who are not bound by US law, such as the children of foreign diplomats.

"President Trump's new claim he can unilaterally end the Constitution's guarantee of citizenship shows Republicans' spiraling desperation to distract from their assault on Medicare, Medicaid and people with pre-existing conditions", Pelosi said in a statement.

"Illegals can be prosecuted, illegals can go to court and sue. This case will be settled by the United States Supreme Court!" he added.

Saikrishna Prakash, a conservative legal scholar at the University of Virginia, said Trump faces long legal odds to ending citizenship as a birthright.

At least since 2005, Republicans in the U.S. Congress have regularly offered legislation ending birthright citizenship for children born in the United States if their parents were in the United States illegally. The loophole has, the pair contend, led to increased illegal immigration and also "birthright tourism", which sees visitors come from countries like China and Russian Federation for the express goal of giving birth in the United States.

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