If you’re born in America, you’re an American. The 14th Amendment to the constitution makes that perfectly clear. But if you’re a president who doesn’t care much for history, that probably means very little.
President Trump said today that he will sign an executive order intended to end the practice of birthright citizenship.
“It was always told to me that you needed a constitutional amendment. Guess what? You don’t,” Trump said during an interview with Axios.
The White House is preparing an order that would declare an end to the longstanding staple of America’s immigration system.
That would set up a new battle for Trump at the Supreme Court over the 14th Amendment, which states that all persons “born or naturalized in the United States” are “citizens of the United States and of the State wherein they reside.”
The Amendment was approved following the civil war, guaranteeing that slave babies were recognized as American.
Trump in the interview with Axios insisted it was possible to make the change through an executive order in addition to an act of Congress.
“You can definitely do it with an act of Congress. But now they’re saying I can do it just with an executive order,” the president added, before stating incorrectly: “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.”
That’s not true.
More than 30 countries, most in the Western Hemisphere, provide birthright citizenship.
Trump refers to the right of citizenship granted to anyone born within the country’s borders as “ridiculous” and expressed surprise that anyone outside of the Oval Office knew about the White House’s plans.
“It’s ridiculous. It’s ridiculous. And it has to end,” Trump told Axios, adding, “I didn’t think anybody knew that but me. I thought I was the only one.”
Speaker Paul Ryan (R-WI) said today the 14th Amendment is clear and that Trump cannot end birthright citizenship with an executive order.
He also told the Washington Post that Republicans did not like it when President Obama changed immigration laws by executive action and that reversing the Constitution would be a lengthy process.
However, Sen. Lindsey Graham (R-S.C.), one of Trump’s most dependable allies in Congress, said that he will introduce legislation to end birthright citizenship.
“Finally, a president willing to take on this absurd policy of birthright citizenship. I’ve always supported comprehensive immigration reform — and at the same time — the elimination of birthright citizenship,” Graham said in a string of tweets.
He added that he plans “to introduce legislation along the same lines as the proposed executive order” from Trump. Congress is out of session until Nov. 13.
If Graham is going to propose legislation to amend the Constitution, his bill would need to win over not only two-thirds majorities in Congress, but also be ratified by three-quarters of the states.
The ACLU wasted no time in blasting Trump and Graham’s proposal.
“This is a blatantly unconstitutional attempt to fan the flames of anti-immigrant hatred in the days ahead of the midterms,” tweeted the civil liberty organization.
This is a blatantly unconstitutional attempt to fan the flames of anti-immigrant hatred in the days ahead of the midterms.
The 14th Amendment’s citizenship guarantee is clear. You can’t erase the Constitution with an executive order, @realDonaldTrump. https://t.co/8vGkjOlPsE
— ACLU ? (@ACLU) October 30, 2018
