Trump Wants To Repeal 14th Amendment, Ending Birthright Citizenship, Via Executive Order

Donald Trump

In an interview with Axios' Jonathan Swan, Donald Trump shared that he hopes to repeal the 14th Amendment of the U.S. Constitution via executive order.

Trump plans to sign an executive order that would remove the right to citizenship for babies of non-citizens and unauthorized immigrants born on U.S. soil as provided by the 14th Amendment.

From NPR:

"You can definitely do it with an act of Congress," Trump said in the Axios on HBO interview. "But now they're saying I can do it just with an executive order."

He added, "We're the only country in the world where a person comes in, has a baby, and the baby is essentially a citizen of the United States for 85 years, with all of those benefits. It's ridiculous. It's ridiculous, and it has to end."

Birthright citizenship is the law of at least 30 countries, including many U.S. neighbors in North and South America. All of the countries in Europe grant citizenship by jus sanguinis — by "right of blood."

The president said he has spoken about the issue with the White House counsel. As for when he might act, Trump said, "It's in the process. It'll happen — with an executive order."

The 14th Amendment's first sentence reads, "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."

That's pretty clear, right?

In 1898, the Supreme Court ruled in United States v. Wong Kim Ark that a child born to Chinese immigrants who were legal residents was a birthright U.S. citizen under the 14th Amendment.

In order to change a constitutional amendment, you would need to either amend the 14th Amendment via Congress or ask the Supreme Court to overturn its earlier interpretation of the law.

Vice President Pence told Politico today that Trump administration is, indeed, exploring the executive order, and added that the Supreme Court hasn't ruled definitively on the 14th Amendment.

“We all cherish the language of the 14th Amendment, but the Supreme Court of the United States has never ruled on whether or not the language of the 14th Amendment subject to the jurisdiction thereof applies specifically to people who are in the country illegally,” Pence said.

Last week, @realDonaldTrump threatened to erase the identities of trans Americans.

This week, Trump is threatening to erase birthright citizenship in the Constitution.

The mad king is trying to use hot button issues to rile up his base for the midterms.#VoteBlueToSaveAmerica

— Ryan Knight 🌊 (@ProudResister) October 30, 2018

It is time to abolish the 14th Amendment! Starting today, the only way to obtain #BirthrightCitizenship is to give birth at a Trump Condo or during a 5-night or more stay at one of my Trump Hotels. Call now! All booking agents are fluent in Russian! 🇷🇺 https://t.co/dMhNvzWGV9

— Donald J. Drumpf (@RealDonalDrumpf) October 30, 2018

Trump is attempting to shift the news cycle away from your local elections and midterms.

Do not be fooled. Continue to organize, mobilize and vote.

The 14th amendment, a nation of immigrants and #BirthrightCitizenship can be protected by OUR VOTE.

Let’s make history.

— Matt Deitsch (@MattxRed) October 30, 2018