President Trump on Wednesday insisted that birthright citizenship “will be ended one way or the other,” opening the door for congressional action one day after House Speaker Paul Ryan said that doing so by executive action was unconstitutional.
“So-called Birthright Citizenship, which costs our Country billions of dollars and is very unfair to our citizens, will be ended one way or the other. It is not covered by the 14th Amendment because of the words ‘subject to the jurisdiction thereof.’ Many legal scholars agree…..” Trump wrote on Twitter Wednesday morning.
So-called Birthright Citizenship, which costs our Country billions of dollars and is very unfair to our citizens, will be ended one way or the other. It is not covered by the 14th Amendment because of the words “subject to the jurisdiction thereof.” Many legal scholars agree…..
— Donald J. Trump (@realDonaldTrump) October 31, 2018
In a follow-up tweet, Trump referred to a video of former Sen. Harry Reid, D-Nev., from 1993 making the rounds this week online in which he said “no sane country” would allow birthright citizenship. Trump also said the legal fight over his tentative executive order, which has sparked a legal debate over whether it would run afoul of the 14th Amendment, would be settled by the Supreme Court.
[Opinion: Ending birthright citizenship would be as unconstitutional as it is unproductive]
….Harry Reid was right in 1993, before he and the Democrats went insane and started with the Open Borders (which brings massive Crime) “stuff.” Don’t forget the nasty term Anchor Babies. I will keep our Country safe. This case will be settled by the United States Supreme Court!
— Donald J. Trump (@realDonaldTrump) October 31, 2018
Democrats and even Republicans have argued Trump can’t undo birthright citizenship through executive action because the Constitution states that people born in the U.S. are citizens. The Constitution would have to be amended to change the law, and Sen. Lindsey Graham, R-S.C., on Tuesday pledged to introduce legislation to end birthright citizenship.
Ryan said it would be hypocritical for conservatives to back Trump’s approach after complaining about former President Barack Obama, who used executive orders and actions to push his immigration agenda through after Congress refused to act.
Under Obama, the Department of Homeland Security created the Deferred Action for Childhood Arrivals program, which provides work permits and freedom from deportation for those who live in the U.S. illegally and arrived before the age of 18. The program has accepted 700,000 enrollees since 2012, but the Trump administration rescinded it in September 2017, saying it was illegitimate because only Congress could determine immigration levels, not the executive branch.
“We didn’t like it when Obama tried changing immigration laws via executive action, and obviously as conservatives we believe in the Constitution,” Ryan said Tuesday. “I think in this case the 14th Amendment is pretty clear, and that would involve a very, very lengthy constitutional process. But where we obviously totally agree with the president is getting at the root issue here, which is unchecked illegal immigration.”
Although Republicans do not agree with Trump’s proposed method, Ryan said they do agree that certain laws need a “smarter, faster solution” to “crack down on illegal immigration.”
The U.S. is one of 30 countries out of the total 194 that recognize a baby born within its borders as a citizen even if his or her parents are noncitizens, whether by a parent on a temporary visa or illegally in the country.
Trump’s other claim that babies born in the U.S. to noncitizens costs the country billions was confirmed in one report by a group that pushes for lower immigration.
A report by the Center for Immigration Studies concluded children born to parents illegally in the country cost U.S. taxpayers $2.4 billion annually.
