Trump’s order ending nationality of birth for illegal immigrants is constitutionally, the expert claims
While Nearly two dozen countries suing In order to stop the executive order of President Donald Trump ending the nationality of birth for children of illegal immigrants, some legal experts, such as Hans von Pakovsky, with the Heritage Foundation, say that the order is perfectly legal to 14. amendment and should be supported by courts.
“I firmly believe that Donald Trump is right, that we have to spend the 14th amendment as originally intended,” Pakovsky told Fox News Digital. “No doubt will be a lawsuit against this, there will be a US Supreme Court, and if the court follows the actual legislative intention and history, they will support what Donald Trump did.”
As Trump quickly moved on to restraint illegal immigration, his most controversial move was to issue An executive order that ends nationality of birth for children of illegal immigrants.
Command entitled “Protection of the meaning and value of US citizenship” says that “the privilege of citizenship of the United States does not automatically bind to persons born in the United States” when the parents of that person are illegally present in the United States or when parents’ presence is lawful but temporary .
Migrants in Brooklyn; President Trump (Getty Images)
Twenty -two countries led by Democrats and to ACLU to stop the command, claiming that it violates the 14th amendment, which says: “All persons born or naturalized in the United States, and are subject to jurisdiction, citizens of the United States and the state where they live.”
The lawsuit claims that “the President has no authority to rewrite or cancel the constitutional amendment or a duly adopted statute. It is nor the strengthening of any other source of the law to limit who receives the citizenship of the United States at birth.”
However, Spakovsky, who is a senior legal associate in the Heritage and Immigration Authority for Civic Rights and Immigration, Fox News Digital said that 14. amendment never intended for individuals children to not involve illegally or temporarily and that this is a wide interpretation led to the widespread “Born Tourism” and abuse.
He said that the key phrase that is often overlooked today is “subject to their jurisdiction”, which requires the loyalty of immigrants for the US and not to a foreign force.
The man plays with a child while waiting for other migrants from Venezuela near the bus station after being released from the custody of the US Border Patrol in El Pasou, Texas, September 13, 2022. (Reuters/Jose Luis Gonzalez)
“In it 14. Amendment has two key clauses. One, you have to be born in the United States, but you also have to be subjected to the jurisdiction of the United States. All those who push nationality about birth only indicate that first phrase and ignore the second,” he said. “I explored a lot about this. I looked at the original passage of the 14th Amendment and what the phrase meant to suspend the jurisdiction of the United States. According to the original sponsors of 14. Amendment in Congress was that you owed your political loyalty to the United States, not a foreign government.”
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“This means that children are born of aliens who are in this country, and it does not matter if they are legal, illegally, as diplomats; if their parents are foreign citizens when they were born, the citizens of their parents are a country, they owe their political faithfulness and are subject to the jurisdiction of these native countries, not the United States.
According to Pakovsky, 14. amendmentwhich was ratified after the Civil War to recognize the citizenship of former slaves and their descendants, was not used for the award of nationality of birth by illegal aliens until more than 100 years after the Congress adopted it.
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President Donald Trump participates in the ceremony in memory of 200 miles of border wall at the international border with Mexico in San Luis, Ariz., June 2, 2020 (Saul Loeb/AFP via Getty Images)
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While Democrats and leftists are preparing to launch a legal war with Trump’s administration due to the order, Pakovsky said he was convinced that the Supreme Court would judge in Trump’s favor.
“The problem with nationality of birth is that it gives rights as an American citizen to individuals who absolutely have no loyalty and has nothing to do with the US government, our culture, our society,” he said. “The Supreme Court should support it because the original meaning of 14. Amendments obviously does not recognize citizenship of the right of birth.”
