Trump administration relaunches discussions on action on birthright citizenship

The Trump administration has revived talks about taking executive action aimed at birthright citizenship in recent weeks before stepping down, according to two people familiar with the talks.

President TrumpDonald John Trump Romney on Trump’s Election Tactics: President New York’s ‘Hard to Imagine Worse, More Undemocratic Action’ Expands Investigations into Trump’s Tax Evasion to Include Cancellations: Biden Report Promises Federal Government will pay for National Guard work on coronavirus: ‘This should be paid for more spoke throughout his first term of ending birthright citizenship. Drafts of a possible order have been circulating for some time, and there are now internal discussions about its finalization before the Biden administration takes over in January, sources said.

The administration is aware the order would be quickly challenged in court, but officials would hope to get a ruling on whether birthright citizenship is protected under the 14th Amendment, according to a source familiar with the plans. . Many lawmakers and experts have argued that it is protected, but the courts have not ruled definitively on the matter.

“Since taking office, President Trump has never shied away from using his legal executive authority to push forward bold policies and keep the promises he made to the American people, but I will not speculate or comment on the action. potential of the executive, ”said the White House MP. secretary Judd DeereJudd DeereTrump withdraws from public eye in post-election fight Several White House staff test positive for coronavirus Concerns grow over rudderless post-election Pentagon MORE said in a statement.

The Department of Justice has been consulted on a possible birthright citizenship order as it would address the legal implications of the new policy. A spokeswoman for the department did not immediately respond to a request for comment.

The birthright citizenship measure is being discussed as one of several executive actions the Trump administration could take before it leaves its home. Chief of Staff of the White House Mark MeadowsMark Randall MeadowsOvernight Defense: White House suggests removing Confederate base names in exchange for repeal of Technology Liability Shield | Biden faces more and more obstacles to join deal with Iran | Rising military coronavirus case on money: Pressure to cancel student loans puts Biden in dire straits | Trump is a wild card as closure fears grow | Mnuchin Calls on Fed to Return 5 Billion in Unspent COVID Emergency Fund Hillicon Valley: Facebook Content Moderators Demand More Workplace Protections | Ousted cyber official blows up Giuliani’s press conference | Tech companies fail with disinformation targeting Latinos vote LEARN MORE told assistants after election day to come up with possible political priorities to push through in the two months leading up to inauguration day.

Others are in the works, including further reforms to the H-1B visa program, regulatory reforms and measures targeting China. The president earlier announced two major moves to lower the price of prescription drugs on Friday.

The wave of action reflects the number of people in the White House trying to solidify their agenda before the Biden administration takes over in January, even as Trump refuses to concede the race and has so far pursued unsuccessful legal challenges in key battlefield states.

The president first proposed ending the practice of granting citizenship to people born in the United States during his 2016 presidential campaign. He revived the idea in 2018 in an interview with Axios, saying that ‘he would sign a decree to implement the change.

Trump in August 2019 again said his administration was “very seriously” considering a step to end the birthright.

In each case, lawmakers and legal experts rebuffed the idea and cast doubt on Trump’s ability to unilaterally end birthright citizenship. They asserted that birthright citizenship is protected under the 14th Amendment, which states, in part, that “all persons born or naturalized in the United States, and subject to their jurisdiction, are citizens of the United States. and the state in which they reside. “

Some outside groups and allies in the administration have questioned why Trump waited until his last few weeks in office to follow through on a birthright citizenship order he has been talking about for years.

“The 14th Amendment citizenship clause was clearly intended to ensure that emancipated slaves would be properly recognized as US citizens,” said RJ Hauman, director of government relations at the Federation for American Immigration Reform. “It is a fundamental misapplication of this clause that children born in the United States to illegal aliens automatically obtain citizenship, let alone the offspring of people who come here simply to give birth on American soil.”

“If the president finally issues a long-awaited executive decree limiting birthright citizenship, it will be up to the Supreme Court to resolve this issue once and for all,” Hauman added.

The Trump administration issued an order in January restricting visa applications for women suspected of traveling to the United States primarily to give birth. Some administration officials had hoped at the time that so-called “birth tourism” would deter the president from pursuing an order as of right to block birth citizenship.

Trump campaigned for his first term on a message restricting legal and illegal immigration, and he imposed policies that limit asylum, drastically reduce the number of refugees, and separate migrant children from their families.

But even if a birth citizenship order fails for legal reasons like some of its other immigration measures did, or if it is quickly overturned by the Biden administration, experts have warned it could still have a crippling effect on those looking to come to the United States.

“It will be a deterrent to people looking to come here, who might be there,” said Shev Dalal-Dheini, director of government relations for the American Immigration Lawyers Association. “The point of this administration with all of its policies is that it doesn’t matter if the policy actually goes into effect and becomes the law of the land, but that’s what deters people in the meantime.”