President Donald Trump has "zero authority" to end birthright citizenship unilaterally, legal and immigration experts say, with one immigration lawyer describing his plan to do so via executive order as a "Hail Mary" meant to garner support ahead of next week's midterm elections.
Pursuant to the Fourteenth Amendment to the United States Constitution and the Immigration and Nationality Act (INA), U.S. citizenship is automatically granted to any person born within and subject to the jurisdiction of the United States, Wikipedia reports.
One way to end birthright citizenship, Anton argues, is for Congress to pass legislation to clarify that the children of noncitizens are not subject to the jurisdiction of the United States, making them noncitizens under the 14th Amendment.
This comment by Trump is coming at a time he has been clamping down on illegal immigrants.
The president spoke on Monday to Fox News host Laura Ingraham of "The Ingraham Angle" about the topic of catch and release as it applies to the approaching migrant caravan headed for the US border. "And then they're obligated as citizens to contribute to this country in a number of ways".
Some say Mr Trump could direct federal agencies that the USA constitution does not apply to non-citizens, while others say it would be an overreach of presidential power and would be held up in the courts.
I say attempt, because any order his administration issues is sure to be immediately challenged in the courts, and his ability to change this policy unilaterally is very much in doubt.More news: Here are the best Cardi B "how convenient is that" memes
A clip of an Axios interview with President Donald Trump sent shockwaves through the political world Tuesday morning. Trump says tent cities could be set up for asylum seekers even though that would not resolve the massive US backlog of asylum seekers.
"It's in the process", said Trump.
Wong says she will tell her clients not to worry about the proposal, which she calls a "rumor" and to make sure that they always follow the law.
Vice-President Mike Pence also came out in Mr. Trump's defence, saying, "The President has made clear is that we are looking at action that would reconsider birthright citizenship".
The revoking of birthright citizenship was on Trump's agenda also while he was campaigning for the presidential election.
In that interview the president promised he would end the USA law that gives citizenship to anyone who's born within US borders.
The 14th Amendment was passed by Congress in 1866 during the period of Reconstruction after the Civil War.