However, the text of the amendment's opening Citizenship Cause is this: "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".
Speaker of the House Paul Ryan asserted Tuesday that "obviously" Trump could not upend that policy by executive order, drawing a tweeted rebuke from Trump. "Guess what? You don't", he said in the Axios interview. Critics of birthright citizenship say that the amendment was never meant to apply to children of two non-citizens - and particularly those who have come to the country illegally. Two, it was to stop the southern states from the beginnings of Jim Crow: the slaves are free, but we're still are not going to treat them as people, we're not going to treat them as citizens!
"The 14th Amendment makes the conditions of citizenship clear: individuals born in this country are citizens", the congresswoman, who is the daughter of Haitian immigrants, said.
Trump, who has made rhetoric against illegal immigrants a central plank of his presidency, originally spoke out against birthright citizenship when he first started running for president in 2015. "It was always told to me that you needed a constitutional amendment". Although Trump claims that the U.S.is the "only" country that allows birthright citizenship, there are actually more than 30 countries that do so, according to Axios.
"No. 2, you can definitely do it with an act of Congress, but now they are saying I can just do it with an executive order".
The US is among more than 30 countries that give automatic citizenship to children born to almost anybody living within a country's borders. The children, as citizens, can then sponsor their families to become United States citizens as well once they turn 21. "The way Congress can change it or the way statute is now drafted, the president can change it through regulation".
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"The president wants to see a total reform take place". And 84 years later in its 1982 ruling in Plyler v. Doe, the Supreme Court ruled that even if one enters the US illegally, they were within USA jurisdiction-which means that any of their USA -born children enjoy 14th Amendment protections. "As a general matter, this is an issue that Congress should take the lead to carefully consider and debate".
Ryan and Mr. Trump have clashed in the past, particularly during the 2016 presidential election.
Another Democratic leader Nancy Pelosi slammed Mr. Trump for his move.
The doctrine of birthright citizenship was established by the US Supreme Court in the 1898 decision in Wong Kim Ark v. the United States, a case brought by the US-born son of Chinese nationals.
The 14th Amendment was a response to the Supreme Court's 1857 decision in Dred Scott v. Sandford, which said that slaves and their children were not US citizens and therefore, could not sue in federal courts. I think the President is looking at executive action.