For years, Donald Trump has railed against birthright citizenship, which is protected by the 14th Amendment,
President-elect Donald Trump’s transition team is discussing the means by which they can fulfill Trump’s campaign promise to end birthright citizenship.President-elect Donald Trump’s team is assessing multiple options to fulfill his long-promised pledge to end birthright citizenship, according to two sources familiar with the discussions, teeing up a legal fight with the expectation that the Supreme Court would ultimately have to rule on the matter.
In private, his allies have been crafting strategies to do that, including directing the State Department not to issue passports to children with undocumented parents and tightening requirements for tourist visas to crack down on “birth tourism,” according to two sources familiar with the planning. “This isn’t a barn-burning emergency. This doesn’t have to be done and completed and set in stone in year one. They know they’re going to the Supreme Court with it, and they’ll methodically make their case,” said another source familiar.
“I don’t think it’s likely, but it’s an offramp if they wanted it,” said Steve Vladeck, a CNN legal analyst and professor at the Georgetown University Law Center. Supporting the case for affirming birthright citizenship is in both the Constitution’s 14th Amendment, which says that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States,” and in a similar statute with origins that predate the constitutional provision.
California Attorney General Rob Bonta said Trump’s arguments for ending the right were “typical outlier extremist type of argument” that “won’t fly.”
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