HOW TO THINK ABOUT IT
Can he do that? Probably not. While nearly all scholars on both sides of the political spectrum agree that birthright citizenship is enshrined in the U.S. Constitution’s 14th Amendment — “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” — some claim it could exclude undocumented immigrants, given judicial precedent. But far fewer believe that measure could be taken with a presidential executive order. Besides, any such order would likely be challenged immediately in court, where legal experts expect it would be struck down.
Political gain. Trump’s proposal comes one week before America’s midterm elections on Nov. 6, in which many pollsters expect Democratic candidates to make gains. The president’s critics have largely called out the focus on citizenship — given its legal unlikelihood — as a strategy to get hard-line anti-immigration conservatives to turn out at the polls. Others say it could just as easily backfire against more moderate GOP candidates.
Playing identity politics. Those favoring a narrower interpretation of the 14th Amendment, ratified in 1868 to solidify the citizenship of former slaves, include Republican Rep. Steve King of Iowa — who’s pushed lawmakers to repeal the policy since at least 2015. Meanwhile, former Ku Klux Klan member Derek Black, who renounced his affiliation in 2013 despite being the godson of former KKK Grand Wizard David Duke, described Trump’s proposal as resembling a key White nationalist goal — “one of the cornerstones of their belief system.”
America’s not alone. While Trump claimed this week that the U.S. is the only country providing birthright citizenship, that’s not true: At least 35 countries, from Argentina to Lesotho — and including neighbors Mexico and Canada — offer it too. But the U.S. wouldn’t be the first to drop it either. Within the past 25 years, France, New Zealand and Ireland have all dumped birthright citizenship in favor of a policy known as jus sanguinis (right of blood), wherein citizenship is granted automatically only if the child has at least one parent native to the country. Meanwhile, a 2011 Pew Research poll found that 57 percent of Americans oppose amending the Constitution to jettison birthright citizenship.
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