(National Sentinel) It’s the Law: Earlier this week POTUS Donald Trump triggered the Left (again) when he revealed in an interview with “Axios on HBO” that he was considering ending so-called “birthright citizenship” via executive order.
“It was always told to me that you needed a constitutional amendment. Guess what? You don’t,” POTUS said.
But then he added: “You can definitely do it with an Act of Congress. But now they’re saying I can do it just with an executive order.”
And it’s that “act of Congress” bit that now has the president’s attention.
As The Washington Times reported, POTUS has shifted his position somewhat. He remains committed to ending birthright citizenship — the automatic granting of citizenship to babies born in the U.S. to non-citizen or illegal alien parents — but he said he believes going through Congress is a better option.
“I’d rather do it through Congress because that’s permanent,” the president told reporters at the White House.
He said that an executive order is still possible, but he added he believes Congress will take up the issue next year. In fact, Sen. Lindsey Graham, R-S.C. — who perhaps influenced the president’s thinking? — has already said he will introduce legislation banning the practice.
The Left, along with some RINOs like retiring House Speaker Paul Ryan of Wisconsin, have insisted that the 14th Amendment guarantees the right to citizenship to anyone born on U.S. soil.
But others disagree, saying the original intent behind the post-Civil War amendment was never to grant citizenship to persons in the country illegally, as evidenced by language in Section 1 discussing “jurisdiction.”
The amendment says that persons “born or naturalized in the United States and subject to the jurisdiction thereof.” The key question is what it means to be “subject to the jurisdiction,” the Times reported.
The paper added:
The Supreme Court ruled in a key 1898 case that includes children of noncitizens in general. While most legal scholars say that decision likely covers births to immigrants who live in the U.S. illegally, but [the] Supreme Court has never ruled squarely on an immigration case.
Still, under current policy, those children are granted citizenship.
Without question, were the president to issue an executive order, it would be challenged and would no doubt wind up before the high court.
That said, POTUS Trump noted there was some precedence regarding the presidential altering of immigration law and policy.
“If [Obama] can do DACA, we can do this by executive order,” he said.
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