According to excerpts from an interview published Axios, the US President plans to sign a decree on the abolition of granting citizenship to children of non-citizens and illegal immigrants born on U.S. soil.
«We’re the only country in the world where people can have a baby and he immediately becomes a citizen of the United States, said Donald trump. — This is ridiculous and must stop».
(According to the Harvard Human Rights Journal citizenship by right of birth provides over 30 countries, mostly in the Western hemisphere.)
The full interview will be released in the framework of the 4-serial documentary film Axios on HBO this Sunday.
Why is it important
Cancel citizenship by birth will be the most radical in today’s immigration proposal by Donald trump against the children of illegal immigrants and chain migration.
Although trump argues that the implementation of his plan need only a presidential decree, according to experts, hardly it will be enough for the President’s decision may be followed by protracted legal proceedings.
The court would have to hold a constitutional debate on the 14th amendment, according to which «all born or naturalized in the United States and thus under their jurisdiction, are citizens of the United States and of the state in which they live».
What the experts say
As noted by former chief Advisor to the USCIS Linden Melmed, most experts agree that the cancellation of citizenship by birth outside the competence of the President. However, there is an opposite opinion.
According to some conservatives, the purpose of the 14th amendment was to provide citizenship to the children of lawful permanent residents of the United States, and not holders of temporary visas or illegal immigrants. Director of Chapman University’s Center for Constitutional Jurisprudence John Eastman argues that the Constitution is wrongly interpreted for the last 40 years. According to Eastman, the phrase «within the jurisdiction» originally referred exclusively to the holders of green cards or citizens.
Similar arguments in his column in the Washington Post used and former member of the homeland security’s Michael Anton. He claims that in his decree trump could «to clarify that the children of non-citizens are not citizens» on the grounds that they were born in the USA.
In turn, judge James C. Ho (New Orleans) noted that to become a stumbling block row in the 14th amendment implies the obligation of the authorities to follow the American laws that apply to all foreigners (except diplomats) and immigrants. The amendments to the amendment would be «unconstitutional,» added Ho.
According to a study by Pew Research, between 1980 and 2006, the number of children born to non-citizens in the US territory of the country has reached 370 thousand. From 2007, a gradual decline to 275 million in 2014.