"The United States is among the only countries in the world that says that even if neither parent is a citizen nor even lawfully in the country their future children are automatic citizens."
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Leading contender in the GOP primary race former President Donald Trump has announced a new policy initiative that would see the children of illegal immigrants born in the US not eligible for citizenship. Citing the "illegal foreign invasion of our country" under Joe Biden, Trump said that under current citizenship rules, all children of those illegal immigrants will be granted birthright citizenship. Trump wants to do away with that.
On the first day of his presidency, Trump promises to sign an Executive Order to prevent birthright citizenship for children of parents who are illegal immigrants.
"This policy is a reward for breaking the laws of the United States and is obviously a magnet helping draw the flood of illegals across our borders," Trump said in the campaign video. "They come by the millions and millions and millions. They come from mental institutions, they come from jails, prisoners, some of the toughest, meanest people you'll ever see." Illegal immigration under the Biden administration has become a problem not just for southern border states but for states across the country as migrants get shipped off on buses and planes.
New York has been buckling under the strain as it gets flooded with illegal immigrants and has its own "right to shelter" laws to contend with. Many illegal immigrants reach the border and apply for asylum, only to be given court dates years and years down the road. They are then permitted to apply for temporary work visas 180 days after the asylum claim. This leaves illegal immigrants legally in the country and legally able to work, which is an incentive to those seeking life in the US by illegal means.
Trump had a similar policy idea in 2019, saying at the time that the US should get rid of the automatic citizenship that comes by virtue of being born on American land in the event that the parents of those children are not legally here themselves.
It is the 14th Amendment of the US Constitution that allows for birthright citizenship, reading "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." Birthright citizenship is not a common policy among modern nations, though changing this policy in the US would be highly controversial.
There is an argument to be made centering on the word "jurisdiction," meaning that the person who is granted citizenship does not owe "allegiance to anybody else and being subject to the complete jurisdiction of the United States." This was expounded upon in 2018 by Michael Anton in the Claremont Review of Books. Whether or not the concept of birthright citizenship, as it has been practiced in the US, is a result of a misinterpretation of the 14th Amendment or a result of the direction of that amendment would be key in determining if a president has the ability to alter it through an executive order.
The idea here is, as Anton, put it: "There are thus two criteria for citizenship: being 'born in the United States' and 'not subject to any foreign power.' Just the first doesn’t cut it. Language doesn’t get any plainer than that."
"The United States is among the only countries in the world that says that even if neither parent is a citizen nor even lawfully in the country," Trump said, "their future children are automatic citizens, the moment the parents trespass onto our soil, as has been laid out by many scholars." European countries do not have birthright citizenship, and only a handful of countries do around the world.
"His current policy," Trump said of Biden's open border initiatives, "is based on a historical myth, and a willful misinterpretation of the law by the open borders, advocates. There aren't that many of them around. It's amazing who wants this, who wants to have prisoners coming into our country, who wants to have people who are very sick coming into our country, people from mental institutions coming into our country. And come they will they're coming by the thousands, by the tens of thousands.
"As part of my plan to secure the border on day one of my new term in office, I will sign an executive order making clear to federal agencies that under the correct interpretation of the law, going forward, the future children of illegal aliens will not receive automatic US citizenship," Trump said. The idea is that this would deter illegal immigrants from coming here in order to earn citizenship by birth for their children.
"My order will also end their unfair practice known as birth tourism," Trump said in his announcement, "where hundreds of thousands of people from all over the planet squat and hotels for their last few weeks of pregnancy to illegitimately and illegally obtain US citizenship for the child, often to later exploit chain migration to jump the line and get green cards for themselves and their family members."
"It's a practice that's so horrible, and so egregious, but we let it go forward," he continued. "At least one parent will have to be a citizen or a legal resident. In order to qualify, we will secure our borders and we will restore sovereignty. Starting on day one. Our country will be great again, our country will be a country again, we'll have borders. We'll have proper education, and we'll put America first."
On the first day of his presidency, Trump promises to sign an Executive Order to prevent birthright citizenship for children of parents who are illegal immigrants.
"This policy is a reward for breaking the laws of the United States and is obviously a magnet helping draw the flood of illegals across our borders," Trump said in the campaign video. "They come by the millions and millions and millions. They come from mental institutions, they come from jails, prisoners, some of the toughest, meanest people you'll ever see." Illegal immigration under the Biden administration has become a problem not just for southern border states but for states across the country as migrants get shipped off on buses and planes.
New York has been buckling under the strain as it gets flooded with illegal immigrants and has its own "right to shelter" laws to contend with. Many illegal immigrants reach the border and apply for asylum, only to be given court dates years and years down the road. They are then permitted to apply for temporary work visas 180 days after the asylum claim. This leaves illegal immigrants legally in the country and legally able to work, which is an incentive to those seeking life in the US by illegal means.
Trump had a similar policy idea in 2019, saying at the time that the US should get rid of the automatic citizenship that comes by virtue of being born on American land in the event that the parents of those children are not legally here themselves.
It is the 14th Amendment of the US Constitution that allows for birthright citizenship, reading "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." Birthright citizenship is not a common policy among modern nations, though changing this policy in the US would be highly controversial.
There is an argument to be made centering on the word "jurisdiction," meaning that the person who is granted citizenship does not owe "allegiance to anybody else and being subject to the complete jurisdiction of the United States." This was expounded upon in 2018 by Michael Anton in the Claremont Review of Books. Whether or not the concept of birthright citizenship, as it has been practiced in the US, is a result of a misinterpretation of the 14th Amendment or a result of the direction of that amendment would be key in determining if a president has the ability to alter it through an executive order.
The idea here is, as Anton, put it: "There are thus two criteria for citizenship: being 'born in the United States' and 'not subject to any foreign power.' Just the first doesn’t cut it. Language doesn’t get any plainer than that."
"The United States is among the only countries in the world that says that even if neither parent is a citizen nor even lawfully in the country," Trump said, "their future children are automatic citizens, the moment the parents trespass onto our soil, as has been laid out by many scholars." European countries do not have birthright citizenship, and only a handful of countries do around the world.
"His current policy," Trump said of Biden's open border initiatives, "is based on a historical myth, and a willful misinterpretation of the law by the open borders, advocates. There aren't that many of them around. It's amazing who wants this, who wants to have prisoners coming into our country, who wants to have people who are very sick coming into our country, people from mental institutions coming into our country. And come they will they're coming by the thousands, by the tens of thousands.
"As part of my plan to secure the border on day one of my new term in office, I will sign an executive order making clear to federal agencies that under the correct interpretation of the law, going forward, the future children of illegal aliens will not receive automatic US citizenship," Trump said. The idea is that this would deter illegal immigrants from coming here in order to earn citizenship by birth for their children.
"My order will also end their unfair practice known as birth tourism," Trump said in his announcement, "where hundreds of thousands of people from all over the planet squat and hotels for their last few weeks of pregnancy to illegitimately and illegally obtain US citizenship for the child, often to later exploit chain migration to jump the line and get green cards for themselves and their family members."
"It's a practice that's so horrible, and so egregious, but we let it go forward," he continued. "At least one parent will have to be a citizen or a legal resident. In order to qualify, we will secure our borders and we will restore sovereignty. Starting on day one. Our country will be great again, our country will be a country again, we'll have borders. We'll have proper education, and we'll put America first."
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