Things you need to know about U.S. birthright citizenship

Things you need to know about U.S. birthright citizenship

Things you need to know about U.S. birthright citizenship

President Donald Trump said he "very well may" sign an executive order attempting to end birthright citizenship, citing former President Barack Obama's order setting up the Deferred Action for Childhood Arrivals program as adequate legal precedent.

While Trump asserts that he can change the provision with such an order, that is far from certain: there is a set process for modifying the constitution, which does not include presidential decree.

TRUMP: "It was always told to me that you needed a constitutional amendment". "It will happen. With an executive order".

Trump's administration has detained thousands of illegal immigrants under U.S. immigration law, undercutting the argument that they do not fall under American legal jurisdiction.

Changing an amendment in the Constitution would require the support of two-thirds of the US House of Representatives and the Senate as well as the backing of three-quarters of US state legislatures at a constitutional convention.

Judge Andrew Napolitano said Wednesday on "Outnumbered" that Congress can not stop the child of an undocumented parent from becoming a legal American citizen.

Even House Speaker Paul Ryan, typically a supporter of Trump proposals, said on WVLK radio in Kentucky: "Well you obviously can not do that".

Trump's use of an executive order would likely put the matter in the hands of the court.

"Harry Reid was right in 1993, before he and the Democrats went insane and started with the Open Borders (which brings massive Crime) "stuff", Trump said in his tweet.

The US will also send about 5,200 active-duty troops to "harden" the border, the Pentagon announced on Monday.

Donald Trump has has insisted he will move to end the right to American citizenship for the children of non-citizens born in the USA, a pledge he made frequently throughout the 2016 campaign and one often dismissed as legally unfeasible by scholars.

Trump campaigned on cutting down on immigration and what he calls "anchor babies", a term his opponents have deemed "vile" or racist.

Sources said Chinese women usually concealed their pregnancy on entering the USA with a visitor visa and stayed in maternity centres, often in Los Angeles or Saipan, where they are cared for by Chinese nannies until the baby is a month old.

Prominent US senator Lindsey Graham, a South Carolina Republican, has described birthright citizenship as "absurd". "Eliminating birthright citizenship would do nothing to solve our immigration issues", said Beth Werlin, executive director of the American Immigration Council. The president has every right to his own interpretation of an ambiguous constitutional or statutory phrase.

James Ho, a conservative Trump-appointed federal appeals court judge, wrote in 2006, before his appointment, that birthright citizenship "is protected no less for children of undocumented persons than for descendants of Mayflower passengers". Others reported growing interest in services in Canada, which also grants birthright citizenship.

Birthright citizenship, as it is referred to in the U.S., is enshrined by the 14th amendment to the USA constitution.

While Napolitano acknowledged the debate over the "subject to the jurisdiction thereof" portion of the 14th Amendment, he explained that that phrasing was meant for diplomats and foreign politicians who aren't subject to the jurisdiction of American law.

The concept of birthright citizenship comes from the 14th Amendment.

Revoking birthright citizenship would have immediate and far-reaching consequences, it said.

"But the Supreme Court of the United States has never ruled on whether or not the language of the 14th amendment, subject to the jurisdiction thereof, applies specifically to people who are in the country illegally", Pence said. "If you are born in this country, you are an American".

Republicans recently pulled another Obama clip, this one from Obama's Senate days in 2005, in which the then-Senator Obama said "we simply can not allow people to pour into the USA, undetected, undocumented, unchecked and circumventing the line of people who are waiting patiently, diligently, lawfully to become immigrants in this country".

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