Trump Targeting Birthright Citizenship with Executive Order

Trump considers Targeting Birthright Citizenship with Executive Order in his last Weeks in Office.

Birthright Citizenship guarantees Citizenship to anyone Born anywhere it is considered U.S Soil, has been something Trump's talked about since his 2016 Campaign.

Vice President-Elect Kamala Harris is an example of someone who gained her Citizenship this way. Her Indian Mother and Jamaican Father were Not yet U.S. Citizens when they had her in California in 1964.

It's Guaranteed under the 14th Amendment, which sSates in part that "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." More than 30 Countries, mostly in the Western Hemisphere, have Birthright Citizenship.

Trump brought the Issue up again in a 2018 Interview with Axios, in which he stated that he could Iissue an Executive Order to End the Practice. However, The Intercept reported in 2018 that this is "an idea rejected by an overwhelming consensus of conservative and liberal law scholars." A Law Written into the Constitution can Only be Ended through a New Amendment.

Counter-Arguments to Birthright Citizenship over the years say that the 14th Amendment has been Misinterpreted. "The Citizenship Clause of the 14th Amendment was clearly intended to guarantee that emancipated slaves would properly be recognized as U.S. citizens," RJ Hauman, Government Relations Director at Federation for American Immigration Reform said. Hauman's Group is an Anti-Immigration Non-Profit. "It is a fundamental misapplication of this clause that U.S.-born children of illegal aliens are granted automatic citizenship, much less the offspring of people who come here to simply give birth on American soil."

If the President finally Issues a long-awaited Executive Order limiting Birthright Citizenship, it will be up to the Supreme Court to Resolve this issue.

John Eastman, a Fellow at the Far-Right Claremont Institute Think Tank, has also spoken Against Birthright Citizenship's Protection in the 14th Amendment. Eastman has long Claimed that One element in the 14th Amendment Rules-Out Birthright Citizenship, the Phrase "subject to the jurisdiction thereof." Eastman said in 2018 that this Phrase means that for Someone to get U.S. Citizenship at Birth, their Parents need to have a Full Political Allegiance to the U.S., meaning Green Card Holders or Citizens.

Hauman and Eastman's Ideas are far from the Norm, though. Antonin Scalia, the Late Supreme Court Justice Dismissed Eastman's Theory in 2004.

The Trump Administration is aware that it would immediately be Challenged in Court if they Passed an Executive Order on the Issue. They hope to get a Ruling on whether the 14th Amendment Protects Birthright Citizenship.

When reached for Comment, White House Spokesman, Judd Deere, released the following Statement: "Since taking office, President Trump has never shied away from using his lawful executive authority to advance bold policies and fulfill the promises he made to the American people, but I won't speculate or comment on potential executive action."

More than 30 other Countries recognize Birthright Citizenship.










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