Former President Trump is returning to his calls to remove birthright citizenship, with his 2024 White House campaign on Tuesday announcing he will seek to end it via executive order on his first day in office.
The proposal echoes a longtime demand of immigration restrictionists and a measure Trump toyed with while in office, attracting criticism from both immigration advocates and legal experts.
Most experts agree that a president does not have authority to end birthright citizenship through an executive order, primarily because the practice is enshrined in the Constitution.
The 14th Amendment grants citizenship to those “born or naturalized in the United States, and subject to the jurisdiction thereof.”
The widely accepted interpretation of that amendment — that it applies to children born in the United States regardless of the parents’ immigration status — has held since an 1898 Supreme Court case involving a U.S. citizen with Chinese parents.
According to the Trump campaign, the executive order “will explain the clear meaning of the 14th Amendment,” which it says is that the children of foreign nationals born in the United States are not subject to the jurisdiction of the United States as defined in the Constitution.
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