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Expert: Courts Would Strike Down Trump Citizenship Proposal as Unconstitutional

May 31, 2023 (1 min read)

Camilo Montoya-Galvez, CBS News, May 30, 2023

"Former President Donald Trump on Tuesday pledged to challenge a long-standing interpretation of the U.S. Constitution in an attempt to end birthright citizenship for children of unauthorized immigrants if he defeats President Biden in the 2024 election.  If he secures a second presidential term, Trump said he would issue an executive order during his first day back at the White House in January 2025 instructing the federal government to deny citizenship to children with parents who are not American citizens or legal permanent residents. ... The 14th Amendment of the Constitution, adopted following the Civil War, declares that all "persons born or naturalized in the United States" are "citizens of the United States and of the State wherein they reside."  "Any executive action that a president might try to end birthright citizenship would be challenged in court and would be likely struck down as unconstitutional," said Stephen Yale-Loehr, an immigration law professor at Cornell University."