By Miriam Raftery
November 5, 2018 (San Diego) – President Donald Trump, in an interview with Axios, declared his intention to eliminate birthright citizenship by executive order – a move that reputable legal scholars on both the left and right agree would be unconstitutional. Congressman Duncan D. Hunter (R-Alpine) has previously supported a bill in Congress to similarly end granting citizenship to most children of immigrants born here.
Trump stated, "You can definitely do it with an Act of Congress. But now they're saying I can do it just with an executive order."
But the Fourteenth Amendment to the U.S. is crystal clear that everyone born in the U.S. must be granted citizenship. It states: "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Moreover, the Supreme Court has upheld that the amendment does cover children of immigrants, regardless of their parents' legal status.