Published: Thu, November 01, 2018
Global Media | By Derrick Guzman

Sen. Lindsey Graham says he'll introduce legislation to end birthright citizenship

Sen. Lindsey Graham says he'll introduce legislation to end birthright citizenship

"We should change our Constitution and say if you come here illegally and you have a child, that child's automatically not a citizen".

The president will do this by signing an executive order, he said in a TV interview.

It is the latest dramatic development on Mr Trump's war on immigration, with children of non-citizens and illegal immigrants born on United States soil now firmly in his sights.

Here's what you need to know about the 14th Amendment.

FILE - In this October 27, 2018, file photo, President Donald Trump pauses while speaking at a rally at Southern Illinois Airport in Murphysboro, Ill.

President Trump tells Axios that he plans to make a fundamental change to USA citizenship rules: Babies born on American soil will no longer automatically be considered citizens. Trump called birthright citizenship "ridiculous" and said that "it has to end".

The move would be certain to spark a constitutional debate about the meaning of the 14th Amendment, which says: "All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside". Michael Anton, a former national security official in the Trump administration, recently argued in the Washington Post that Trump could, via executive order, "specify to federal agencies that the children of non-citizens are not citizens" simply because they were born on USA soil.

Revoking birthright citizenship would trigger a legal battle over whether the president has the unilateral power to change an amendment to the Constitution. The president has highlighted immigration issues in recent weeks, and has repeatedly warned against a migrant caravan approaching the U.S.

However, the order has seen widespread backlash amid claims it is against the Constitution. "Guess what? You don't", he went on saying during the Axios interview.

Even if the Supreme Court chose to hear arguments, Kanter says court will likely rule the executive order as unconstitutional.

Neither Graham nor Trump gave any details about the latest plan, and the White House did not respond to a request for comment.

"I think the 14th Amendment is clear in enshrining birthright citizenship in the law, and there is interpretive case law from the Supreme Court supporting this", Siskind told Business Insider. "And it has to end", the US President, known for his aggressive rhetoric, said.

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