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President Donald Trump said on Wednesday that he was considering "very seriously" to end the citizenship rights of non-citizen-born children in the United States.
"We're looking at it very seriously – birthright citizenship, where you have a baby on our land, you're crossing the border, you have a baby," Trump told the press in front of the White House. "Congratulations, the baby is now an American citizen … it's frankly ridiculous."
The president's statement came the same day his government announced a proposal to detain migrant families indefinitely, replacing a decades-old court agreement that limited the government's detention to 20 days.
However, Trump did not explain how he would seek to terminate citizenship.
The right to citizenship of every person born in the United States is guaranteed by the 14th Amendment to the Constitution, which provides: "All persons born or naturalized in the United States and subject to the jurisdiction of the United States are citizens of the United States. United States and the state in which they reside. "
The ability of a president to terminate birthright citizenship has been challenged by many lawmakers and jurists, including one of Trump's judicial candidates.
James Ho, a conservative Trump appointed to the US Circuit's Fifth Circuit Court of Appeals, wrote in 2011, prior to his appointment, that changing the way the 14th amendment would be implemented would be "unconstitutional".
"Opponents of illegal immigration can not claim to defend the rule of law and then, in the same breath, propose policies violating our Constitution," he wrote.
Trump has already promised to end the process by which native-born children would automatically become citizens, saying that the change could be made "simply by decree".
Speaking with Axios in October 2018, Trump promised to end citizenship by birthright through an executive order – an argument he has defended since his debut as a presidential candidate, claiming that the original citizenship was "a pole of attraction for illegal immigration". "anchor babies."
"We are the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States for 85 years and enjoys all these benefits," said the President at Axios at the University of California. time. "It's ridiculous, it's ridiculous, and it must end." (At least 30 countries around the world grant birthright citizenship.)
Trump & # 39;Last year's comments were welcomed immediately by lawmakers, including Paul Ryan, R-Wis., Then Speaker of the House, who told a Kentucky radio station: "You can not end citizenship with an executive order."
The Conservative lawyer, noting that Trump disagreed with George Conway, the husband of White House advisor Kellyanne Conway, wrote in an editorial at the time: "Sometimes the text of the Constitution is clear and forbids what Politicians are trying to do.This is the case of President Trump's proposal to end "birthright citizenship" by a decree.
Anti-Trump commentator and GOP veteran Bill Kristol also criticized Trump's remarks: "The reduction of the refugee caravan is not a threat to the country or the constitutional order. A president who attempts to terminate citizenship by birth order is. "
The president has made the crackdown on immigration a major issue of his presidency and his reelection campaign, but many of the radical proposals and government decrees have been overturned by the courts.
Senator Kamala Harris, D-Calif., Democratic presidential candidate, Wednesday criticized Trump's comments, writing on Twitter that he "should" seriously "consider reading the Constitution."
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