President Trump said Friday morning that his effort to end birthright citizenship will “probably” go the Supreme Court.
“We’re signing it and it will probably work its way up to the Supreme Court,” Trump told reporters outside the White House Friday, alluding to an executive order. “Birthright citizenship probably works up to the Supreme Court. It will be signed and we wanted a perfect document.”
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Trump made waves late last month when he said that he is preparing an executive order that would strike birthright citizenship from the 14th Amendment. The majority of legal and constitutional scholars have said that the president does not have the authority to do away with birthright citizenship and that any attempt would assuredly be met with legal challenges. The president’s comments Friday show that he accepts that possibility and expects it to make its way to the Supreme Court.
Trump spent much of the 2016 GOP presidential primary speaking out against so-called “anchor babies,” claiming that many legal scholars believe those born to noncitizens on American soil are not protected under the 14th Amendment. He first floated the idea of ending birthright during the Republican primary, but backed off of the topic during the general election.
“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,” according to the U.S. Constitution.
Asked how he would do away with birthright citizenship in late October, Trump said: “You can definitely do it with an act of Congress. But now they’re saying I can do it just with an executive order. … It’s in the process. It’ll happen with an executive order.”
