Published: Thu, November 01, 2018
Worldwide | By Victor Meyer

Any move on citizenship is sure to be challenged in U.S. courts

Any move on citizenship is sure to be challenged in U.S. courts

"Hundreds of thousands of illegal immigrant children are made automatic citizens every year because of this insane policy, and they are all made instantly eligible for every privilege and benefit of American citizens at a cost of billions of dollars a year", Trump claimed. As far back as 1898, the US Supreme Court ruled in favour of such citizenship under the 14th amendment to the Constitution in the historic case of Wong Kim Ark, a man born in San Francisco to Chinese parents.

"Immigrants are the lifeblood of our nation", Reid said.

Democratic House Leader Nancy Pelosi accused Trump of trying to distract attention from healthcare policy, which Democrats have identified as a top election issue. And the President has warned of an "invasion" of undocumented immigrants if the border isn't sealed with a wall.

The president also tweeted about Democrat Harry Reid, who in 1993 called for the end of the birthright policy.

"We're the only country in the world where a person comes in, has a baby, and the baby is essentially a citizen of the United States for 85 years with all of those benefits", Trump said in an interview for "Axios on HBO".

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.

While lawyers disputed that such unilateral action by the president could eliminate a right guaranteed by the U.S. constitution, some agents reassured potential clients that the policy would at least remain unchanged for a couple of years.

Ryan's initial reaction to Trump's proposal was, "You obviously can not do that".

US House Speaker Paul Ryan, a variety of Democrats and a never-ending parade of television pundits say it is clear as day that the 14th Amendment applies to illegal immigrants' offspring even when the parent has come to the US for the objective of giving their newborn American citizenship.

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

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The step would immediately be challenged in court.

Meanwhile, US lawmakers continued to criticise Donald Trump for his view on birthright citizenship.

Under the Constitution's 14th Amendment, enacted in the wake of the Civil War to ensure that black Americans previously subject to slavery had full citizenship rights, citizenship is granted to "all persons born or naturalized in the United States".

Asked about Trump's promise on Tuesday, Sen.

"We don't do stunts", Mattis said Wednesday. Lindsey Graham-who said he plans to introduce legislation to end birthright citizenship. "This is again, where a President's words matter".

And Peter J. Spiro, a law professor at Temple University in Philadelphia, told the Times, "The conventional understanding is absolutely clear that children born in the United States are citizens of the United States, with the insignificant exception of the children of diplomats".

The White House did not provide additional details of the planned executive order on Tuesday morning.

Vice President Mike Pence said the plan may not be unconstitutional, telling Politico in an interview that while " we all cherish" the 14th amendment, the U.S. Supreme Court has not weighed in on the issue entirely. "Guess what? You don't". A research fellow with a U.S. immigration think tank said his real goal was to "to force Congress' hand to act".

Hao Junbo, a Beijing-based lawyer experienced in cross-border litigation and U.S. law, said that even if Trump issued the executive order, it could be rejected for violating the United States constitution.

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