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President Trump's plan to end birthright citizenship could face challenges

President Donald Trump’s plans to end birthright citizenship with an executive order could be at odds with the constitution.

Posted: Nov 1, 2018 12:15 AM

President Donald Trump’s plans to end birthright citizenship with an executive order could be at odds with the constitution.

Legal experts are questioning whether the president has the power to change birthright citizenship. Daniel Tagliarina, Utica College Asst. Professor of Government & Politics, says while nothing can actually stop the president from signing an executive order, he doesn't have the power to change the constitution.

The 14th amendment states that "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States”. According to Tagliarina, the only way to change the constitution is to go through the court system, or to make an amendment.

"Birthright citizenship itself was put into the constitution to repair the damage created by the supreme court's ruling in Dred Scott,” Tagliarina said. “Which went so far as to say that African Americans weren't Americans at all. They weren't citizens. They never were meant to be and couldn't possibly be included, and the only way to fix that was to then amend the constitution to explicitly say that being born here itself creates citizenship rights for everyone, regardless of why they've been here."

President Trump says birthright citizenship for babies born to non-U.S. citizens on American soil will be ended “one way or the other”. In a tweet, he stated that the “new republican majority will work on” ending birthright citizenship, close the immigration loopholes, and secure the border. This comes as a migrant caravan, fleeing Central America, heads to the southern U.S. border.

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