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Trump’s promise to end birthright citizenship is unconstitutional

Jun 05, 2023

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Angering pro-immigration advocates, former President Trump recently promised to issue an executive order repealing birthright citizenship if he returns to the White House. While few constitutional scholars believe Trump would have the power to change birthright citizenship, some say the courts would have to weigh in

Straight Arrow News contributor David Pakman thinks a Trump executive order on the issue would not only violate the Constitution but also have several other unintended consequences that the Right would not favor kindly.

The 14th Amendment says that if you are born in the United States, or any jurisdiction thereof, subject to a jurisdiction thereof, you are a citizen. And this has become a major controversy among some on the Right who love to use the term “anchor babies,” or say that we are allowing illegals to come here and birth children and then we can’t kick them out. So right-wingers are very excited about this. But I have a word of warning to the right-wingers cheerleading the ending of birthright citizenship because it can bring with it significant unintended consequences.

Number one, it does appear that it would violate the Constitution as well as Supreme Court precedent that establishes birthright citizenship as a fundamental right. Trump is saying, “Well, we’re going to do it in a way that it doesn’t violate…” Okay, legal experts I’ve spoken to say it doesn’t seem there is such a way because this is a fundamental right, it’s part of the Bill of Rights to the Constitution.

Secondly, if you do this it will instantly increase the undocumented population by virtue of making individuals who previously were granted legal status here — you’re taking that status away. They say they want to reduce the number of undocumented people here — they would immediately increase it.

And the Right loves to say we care mostly about criminal aliens, the people committing violent crimes, et cetera. If you instantly, by virtue of doing away with birthright citizenship, create an entire new tranche of undocumented immigrants who you now have to find and deport, you are going to dilute the focus on the so-called violent criminal illegals that the Right says are actually the priority. It will get in their own way of doing the thing they say is most important.

Economically, this will have unintended consequences because it will reduce the labor force, it will reduce the tax base and it will reduce consumer demand. Not only do immigrants, documented and undocumented, commit crimes at a lower rate than domestically-born American citizens, in addition to that, they both create GDP growth by working and they spend money because they also need housing and food and whatever else the case may be.

And then lastly, it would start years of legal challenges that will be both expensive and completely counterproductive.

Donald Trump announced in a completely deranged video that on day one of his next presidency, if indeed he wins in November of 2024, he will start violating the Constitution right away. He will waste no time what Trump said Is he will sign an executive order denying US citizenship on a birthright basis. The 14th Amendment says that if you are born in the United States, or any jurisdiction thereof, subject to jurisdiction thereof, you are a citizen. And this has become a major controversy among some on the right who love to use the term anchor babies, or say that we are allowing illegals to come here and birth children and then we can’t kick them out. So right wingers are very excited about this. But I have a word of warning to the right wingers cheerleading the ending of birthright citizenship, because it can bring with it significant unintended consequences. Number one, it does appear that it would violate the Constitution as well as Supreme Court precedent that establishes birthright citizenship as a fundamental right, Trump is saying, Well, we’re going to do it in a way that it doesn’t violate, okay. Legal experts I’ve spoken to say it doesn’t seem there is such a way because this is a fundamental right, it’s part of the Bill of Rights to the Constitution. Secondly, if you do this, it will instantly increase the undocumented population, by virtue of making individuals who previously were were granted legal status here, you’re taking that status away, they say they want to reduce the number of undocumented people here, they would immediately increase it and the right loves to say we care mostly about criminal aliens, the people committing violent crimes, etc. If you instantly by virtue of doing away with birthright citizenship, create an entire new tranche of undocumented immigrants who you now have to find and deport. You are going to dilute the focus on the so called violent criminal illegals that the right says are actually the priority, it will get in their own way of doing the thing they say is most important. Economically, this will have unintended consequences, because it will reduce the labor force, it will reduce the tax base and it will reduce consumer demand. Not only do immigrants documented and undocumented, commit crimes at a lower rate than domestically born American citizens. In addition to that, they both create GDP growth by working and they spend money because they also need housing and food and whatever else the case may be. And then lastly, it would start years of legal challenges that will be both expensive and completely counterproductive. Of course, it should be mentioned that the international image of the United States, we’re we’re viewed as a country that embraces immigrants and offers opportunity to those born within its borders. If we end birthright citizenship internationally, we will damage our reputation as well. And in addition to that, there is a question of whether with national security efforts there would be a concern part of the whole idea of birthright citizenship is if you are born in the United States, you have a vested interest in the country through citizenship. If you create a situation where you are born in the United States, but you lose that legal status here, you create a legal gray area raises questions about rights and obligations of individuals within the country. And it can only be a negative thing. Now if I zoom out for a second, I’ve just made the case for why Trump ending birthright citizenship is a bad idea. And all of the reasons even right wingers should be skeptical about it. But is this even something Trump is really going to do? Do we really believe for a second, that on day one of his presidency, if there is such a presidency in January of 2025, Trump is going to sign an order ending birthright citizenship. I’m not saying he wouldn’t want to do it. But I’m skeptical that he actually will do it partially because he’ll be distracted with other things. Partially because I think even the right wing nuts around him will say this is not actually a great idea. You probably shouldn’t do this. And partially because he will probably be advised that it will create years of legal hell will he try to reinstate the Muslim ban, which he also says he will do that? I do believe I do believe that. That’s something Trump will try to do and we’ll try to do it relatively quickly. Do I believe Trump actually will sign an executive order ending birthright citizenship, I hesitate to think that that’s actually something that he will do. Still, we need to make sure that he and the people around him know how does Astros an idea it is but let me know in the comments do you think this is one Trump will follow through on or like many of the others that he won’t

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