By: Brian Evans
In an interview with left-wing Axios on HBO, President Trump announced that he set to implement yet another of his campaign promises, concerning his proposed immigration initiatives. He announced that he is looking to end illegal aliens ability to illegally cross the United States border to have a baby, so they can use their children’s automatic citizenship to anchor their family in the United States, and avoid deportation.
Over the past 30 to 40 years, citizens of other countries exploited the loophole in the United States to secure their families ability to stay in the United States, and obtain all the benefits. For example, families from impoverished countries who were looking for a better life would come to the United States border, illegally cross, and have a baby, so they could stay in the United States. Then, they would simply apply and be granted welfare, Medicaid, food stamps, and other handouts, on the backs of the American people. Now, as word of America’s open borders, combined with the reputation of America being the largest ‘welfare’ nation on earth, illegals are incentivized to come to the United States, have babies, and cash in on the system. President Trump said that he looks to sign an executive order that would remove the automatic right to citizenship for non-citizen babies and unauthorized (illegal) immigrants that are born on United States soil.
Ultimately, the President’s plan would target illegals use of “anchor babies”, in their effort to exploit the United States generosity, and create “chain migration”.
The Progressive-Socialist based Axios said that
“it will set off another stand-off with the courts, as Trump’s power to do this through executive action is debatable to say the least.”
However, the President has been in close contact with White House Counsel, and the President said…
“It was always told to me that you needed a constitutional amendment. Guess what? You don’t.”
President Donald J. Trump
Generally speaking, a person can become a U.S. citizen in one of four ways.
- Being born in the United States or one of its territories.
- If you were born to parents who are U.S. citizens, then you may be a U.S. citizen yourself. This process is called “acquisition” of citizenship.
- You can be a citizen through the naturalization process, which generally involves applying for, and passing, a citizenship test.
- You may be a citizen if one or both of your parents have been naturalized. This is called “derivation” of citizenship.
Birthright citizenship stems from the 14th amendment of the constitution which states that…
“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.”
However, judicial precedent only explicitly clarifies that children of lawful permanent residents in the U.S. qualify for citizenship. There is not any previous court ruling on whether or not the children of illegal immigrants or temporary residents who bear children in the United States would actually qualify for citizenship under the 14th Amendment.
In regards to citizenship by being born in the United States, under Title 8 of the U.S. Code, typically any child that is born in the United States or one of its territories will automatically receive American citizenship. However, children born to diplomats and other recognized government officials from foreign countries will not receive U.S. citizenship if born on American soil, and once you are born in the United States, that citizenship lasts their entire lifetime, unless you make such an action as to give it up.
Therefore, an executive order by Trump would only be able to legally target illegal immigrant, and temporary resident populations. The Presidents Executive Order will likely focus on the fact that the children of unauthorized immigrants are not subject to the jurisdiction of the US, and thus not citizens by virtue of birthright.
President Trump continued by stating…
“we’re 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 of those benefits.”
President Donald J. Trump
Regardless of the facts or precedent, it appears that the President will issue an executive order to end the granting of citizenship to illegal aliens born in the United States, and temporary residents. Also, it is equally clear that the Progressive-Socialist ‘Resistance’ and Open-Border advocates will most certainly file a lawsuit to try to stop the Presidents order. Ultimately, this issue will likely rise, yet again to be decided by the highest court in America…the United States Supreme Court.