President Donald Trump's executive order is suing to stop ending birthright citizenship for the children of illegal immigrants, but some legal experts at Hans von Spakovsky's Heritage Foundation say the order is I say it's perfectly legal under the 14th Amendment and should be done. upheld by the court.
“I strongly believe that Donald Trump is right and that we need to implement the 14th Amendment as originally intended,” Spakovsky told Fox News Digital. “I have no doubt that there will be litigation against it. It will reach the U.S. Supreme Court. And if the courts follow the actual legislative intent and history, they will uphold what Donald Trump did. .”
As Trump moved quickly to clamp down on illegal immigration, his most controversial move was to issue an executive order ending birthright citizenship for the children of illegal immigrants.
The order, titled “Protecting the Meaning and Value of American Citizenship,” states that “the privileges of U.S. citizenship do not automatically extend to persons born in the United States.” “Existence is legal, but temporary.
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Immigrants in Brooklyn. president trump (Getty Images)
Twenty-two Democratic-led states and the ACLU sued to halt the order, alleging that it violates the 14th Amendment to those born or naturalized in the United States and subject to its jurisdiction. of the United States and the state in which they live.
“The president does not have the power to amend the Constitution or rewrite or invalidate duly enacted laws, nor does he have the power to amend the Constitution or rewrite or invalidate duly enacted laws, nor does he have the power to limit who receives U.S. citizenship at birth by other sources of law,” the lawsuit says. “It has not been given to me,” he claims.
But Spakovsky, a senior law fellow and authority on civil rights and immigration at the Heritage Foundation, told Fox News Digital that the 14th Amendment would never include the children of individuals who are illegally or temporarily in the country. The interpretation, which he said was never intended to be broad, led to widespread “birth tourism” and abuse.
He said a key phrase that is often overlooked today is “subject to its jurisdiction.”
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A man plays with a child while waiting with other migrants from Venezuela near a bus stop after being released from U.S. Border Patrol custody on September 13, 2022 in El Paso, Texas. (Reuters/Jose Luis Gonzalez)
“There are two important provisions in the 14th Amendment. One, you must be born in the United States, but you must also have U.S. jurisdiction. And please ignore the second.” he said. “I've done a lot of research on this. The first passage of the 14th Amendment and what that phrase meant was subject to U.S. jurisdiction. Political allegiance to the United States rather than to a foreign government. ”
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“So the children born to aliens who are in this country, whether they are here legally as diplomats or illegally, they owe their political allegiance to the land, and they owe their political allegiance to the U.S. and not to the U.S. “We have jurisdiction over the land,” he said.
According to Spakovsky, the 14th Amendment was ratified after the Civil War to grant citizenship to former slaves and their descendants, but it took more than 100 years after it was adopted by Congress to extend birthright citizenship to illegal aliens. was not used to award.
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President Donald Trump participates in a ceremony commemorating the 200-mile border wall at the border with Mexico in San Luis, Arizona on June 23, 2020 (Saul Loeb/AFP via Getty Images)
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As Democrats and left-wing groups prepare to launch a legal war with the Trump administration over the order, Spakovsky said he is confident the Supreme Court will rule in favor of Trump.
“The problem with birthright citizenship is that it vests the rights of American citizenship in individuals who have no loyalty to the U.S. government, our culture, or our society,” he said. I did. “The original meaning of the 14th Amendment clearly did not recognize birthright citizenship, and the Supreme Court should uphold it.”
