Donald Trump reiterated his promise to repeal the birthright of US citizenship | Donald Trump

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Speaking 125 years after the US supreme court settled the issue of birthright citizenship, former president Donald Trump again vowed to end it.

If re-elected to the White House next year, Trump said in a video posted on social media Tuesday, he would sign on day one an executive order to ensure that the children of undocumented migrants do not receive automatic US citizenship.

Recycling ugly, anti-migrant claims, Trump also said his order would stifle a major incentive for continued illegal immigration, deter more migrants from arriving and encourage many of the illegal aliens that Joe Biden allowed into our country.

Birthright citizenship was included in the 14th amendment to the US constitution, which was passed by the Senate in 1866 and ratified two years later. The relevant passage says: All persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States.

In 1898, in US v Wong Kim Ark, the supreme court settled an outstanding question, ruling that the child of Chinese citizens born in the US is automatically a US citizen.

Trump has repeatedly said he will take away the right no matter what.

Campaigning on the issue in 2015 he didn’t let it get him down as president, telling Axios three years later: I’ve always been told you need a constitutional amendment. Guess what? You do not.

He added: Is 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 those benefits. It’s ridiculous. It’s ridiculous. And it needs to end.

In fact, more than 30 other countries offer birthright citizenship.

Trump claimed to be in the process of revoking US birthright citizenship and said: It will happen with an executive order.

It didn’t happen.

Experts predicted then, and predict now, that any attempt to remove birthright citizenship by executive order would face immediate challenge and swift defeat.

Writing in 2018, Harvard law professor Laurence Tribe said the proposal would have no chance of surviving scrutiny, even by judges and justices appointed by the president.

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Experts also pointed to the irony of a Republican president attacking a foundational achievement of his own party.

In 2015, historian Eric Foner told the Washington Post that the idea behind the text of the 14th amendment was that citizenship should be extended to people regardless of incidental characteristics, such as race, national origin or status. of their parents.

It established a national standard for citizenship. The principle is one of opportunity and inclusiveness. That is what the Republican party stands for [in the years after the civil war]. The 14th amendment has become one of the founding principles of the Republican party.

Meanwhile, in 2018, Axios cited an expert who backed Trumps claims.

The words subject to its jurisdiction, the Chapman University professor said, mean only children born to citizens and green-card holders who qualify for citizenship by birth.

That scholar was John Eastman, then the chief legal advocate of Trumps attempt to overturn the 2020 election.

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