Any move to end birthright citizenship for children of immigrants living in the U.S. without permission is all but certain to face legal challenges.
Former President Donald Trump on Tuesday pledged to challenge a long-standing interpretation of the U.S. Constitution in an attempt to end birthright citizenship for children of unauthorized immigrants if he defeats President Biden in the 2024 election.
Under a decades-long interpretation of the Constitution, children born on U.S. soil are automatically bestowed American citizenship, even if their parents are not themselves citizens or legally present in the country. Some immigration hardliners have long criticized the policy, saying it encourages parents to come to the U.S. illegally. While he was in the White House, Trump repeatedly floated the idea of challenging the interpretation, but never took action.
If Trump wins the 2024 presidential election and follows through on his promise, the move to end birthright citizenship for children of immigrants living in the U.S. without legal permission is all but certain to face significant legal challenges.The 14th Amendment of the Constitution, adopted following the Civil War, declares that all"persons born or naturalized in the United States" are"citizens of the United States and of the State wherein they reside.
While the move would likely not pass legal muster, Yale-Loehr added, it could be a beneficial campaign tactic for Mr. Trump, especially during the Republican primary.
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