The Trump administration is reconsidering taking executive action on birthright citizenship, The Hill reported, citing unidentified sources.
Drafts of a possible order have been circulating for some time, The Hill said, and internal discussion has begun to coalesce around finalizing it since election day.
The order ostensibly would be aimed at ending the practice of what critics refer to as ”anchor babies,” a term used to describe children who are born to people who enter the country illegally, who then use the child’s ”birthright citizenship” to remain in the United States.
The concept comes from the 14th Amendment to the U.S. Constitution, Section 1, which says: ”All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” The amendment was adopted in 1868 as a means of granting citizenship to former slaves freed by the 13th Amendment.
Legal experts have debated whether the 14th Amendment grants citizenship to everyone born on U.S. soil, such as babies born to tourists or those visiting, but courts have never definitively ruled on the subject. Any executive action is likely to face a legal challenge.
”Since taking office, President Trump has never shied away from using his lawful executive authority to advance bold policies and fulfill the promises he made to the American people, but I won’t speculate or comment on potential executive action,” The Hill quoted a statement from White House deputy press secretary Judd Deere.
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