The 14th Amendment states that "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".
House Speaker Paul Ryan and Senate Judiciary Committee Chairman Chuck Grassley pushed back, saying the change should be made through Congress, not by executive fiat. "I'm concerned about any president trying to rewrite the constitution by themselves", King said. 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.
Trump stated his disapproval of the current system that allows children born to noncitizen parents while on American soil to be granted citizenship. A longtime proponent of comprehensive immigration reform, Graham would likely want to tie any effort to end birthright citizenship to major changes in immigration policy that could benefit illegal immigrants already living in-country, perhaps with a proposed "path to citizenship", or a long-term partial amnesty agreement. But according to many constitutional scholars, Trump doesn't have that right-as it would be a blatant violation of the 14th Amendment to the U.S. Constitution. Responding to critics on Wednesday, he said that birthright citizenship will be abolished "one way or another".
Children born to unauthorized immigrants in the USA under the current interpretation of immigration law gain access to USA benefits.
President Donald Trump plans to abolish the right to citizenship for anyone born in the United States - guaranteed by the 14th Amendment to the US Constitution - with an executive order, he said in an interview excerpt released Tuesday.
The president also tweeted about Democrat Harry Reid, who in 1993 called for the end of the birthright policy. 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.
In another Wednesday tweet, the president acknowledged that if he does sign an order, the Supreme Court would inevitably have to settle a subsequent court battle. "Oh, yeah? Everybody born here is a citizen, so says the Constitution".
Another Democratic leader Nancy Pelosi slammed Mr. Trump for his move.
"Illegals can be prosecuted, illegals can go to court and sue". I think the President is looking at executive action.