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Speaking to reporters in front of the White House on Wednesday, President Trump again threatened to end what he called the "ridiculous" citizenship policy in its own right, which automatically assigns citizenship to those born in the United States.
"We are looking at this very seriously," Trump told reporters as he left the White House for Kentucky. "Birthright citizenship, where you have a baby on our land – you cross the border, you have a baby, congratulations, the baby is now an American citizen.We are looking at it very, very seriously … C & # Is, frankly, ridiculous. "
During his campaign and again last year, Trump suggested using a decree to end citizenship, saying that he encourages illegal immigration and "anchor babies" . Democrats, who grab an overwhelming share of the vote of immigrants, immediately declared this idea unconstitutional.
Although illegal immigrants can not vote, their children can do so under the citizenship policy.
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The president's announcement comes hours after the White House announced plans to abolish an important court agreement to allow migrant families to be detained longer as their case is reviewed. , instead of releasing them after 20 days.
ANALYSIS: THE TROMP IS RIGHT, ENDING CITIZENSHIP AT BIRTH IS CONSTITUTIONAL
Legal experts say the ultimate question regarding birthright citizenship is whether the 14th amendment – which gives citizenship to "[a]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 "- includes the children of illegal immigrants.
The unresolved legal dispute is whether these children are "subject" to the jurisdiction of the United States.
In an editorial published last year by FoxNews.com, Hans A. von Spakovsky, Senior Legal Officer of the Heritage Foundation, stated that his detractors "conveniently ignored or interpreted" the requirement of the 14th Amendment to which illegal immigrant children were "subject to" the jurisdiction of the United States. .
"The fact that tourists or illegal immigrants are subject to our laws and our courts if they violate our laws means that they are subject to the territorial jurisdiction of the United States and can be prosecuted," wrote Spakovsky. . "But that does not place them in the political" jurisdiction "of the United States, as defined by the founders of the 14th amendment."
Spakovsky added: "Today, many people do not seem to understand the distinction between a partial territorial jurisdiction – which subjects all foreigners entering the United States to the jurisdiction of our laws – and a complete political jurisdiction, which also requires allegiance to the United States Government. "
Michael Anton, former National Trump National Security Advisor, also told Fox News last July that "there is a clause in the middle of the amendment that people ignore or misinterpret – subject to the competence of the latter. "
"What they say, is that if you were born on US territory, under the jurisdiction of the United States, that is, you are the child of Citizens or the legal immigrant child, then you have the right to citizenship, "Anton told Fox News. "Tucker Carlson." If you are here illegally, if you owe allegiance to a foreign country, if you are a citizen of a foreign country, this clause does not apply to you. "
The President first made an effort to obtain birthright citizenship during an interview with Axios in October 2018.
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"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 … with all these benefits," said Trump. "It's ridiculous, it's ridiculous, and it must end."
Ronn Blitzer of Fox News contributed to this report.
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