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The 14th amendment, passed in 1868, 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.” However, earlier on October 30, 2018, President Trump claimed that he is planning to give an executive order to end birthright citizenship in the United States. This means that if a child is born in the US to illegal immigrant parents, the child will not be recognized as an American citizen. Trump and Vice President Mike Pence state some reasoning to be that people immigrate to the US and have children here as a way to take advantage of the benefits of this country- without having to go through immigration. While it is not in the presidential jurisdiction to override an amendment, Trump is arguing that he can enforce this executive order because of how he interprets the 14th amendment. To him and other supporters, the 14th amendment only applies if the person is born to parents who came to the country legally. I personally believe that this is a claim with the purpose of gaining attention and to pose as a threat to people who are immigrating illegally. I think that this stems from the immigrant caravan heading towards the US-Mexico border. Many officials have stated that it is not legally possible for Trump to change the 14th amendment, but because it is based on his interpretation (as illegal immigrants are not mentioned in the constitution), it is not necessarily impossible.
Questions
How does the timing of this decision (being so close to the midterm election) impact the
validity of Trump’s statement? Do you think he is serious?
Do you think Trump’s reasoning for this executive order are valid concerns?
Should whether or not the parents are legal immigrants determine the citizenship of the child
even if they were born in the US?
Would this be a violation of the 14th Amendment or would it be legal given the parents are
illegal immigrants?
While I do not agree with President Trump's reasons for his claim, they are nonetheless valid and important arguments to many of his supporters. However, I think that this claim is not legitimate, and instead is to create media exposure for himself and Republicans. In the divided political climate we are experiencing today, I believe that it would not be possible for Trump to change or override a constitutional amendment. The citizenship of the child's parents should not be determine whether he/she is eligible for US citizenship if born in America. While the constitution doesn't specifically state that illegal immigrants are included in this right, it also doesn't exclude them.
ReplyDeleteI think that Trump made this statement so close to the midterm election to demonstrate to his loyal supporters that immigration is still a top priority on his list. What he is saying about the 14th Amendment is very similar to his goal about building a wall on the Mexican-American border. He used this as a major campaign strategy, and I think that he is doing the same at the moment to get more support from his supporters with rather extreme views. However, I think it could be challenging to override the 14th Amendment, yet it is frightening to think that it is not technically impossible. By trying to overturn such an Amendment, President Trump is reversing the hard work of past policymakers. I think that his decision would only take the entire nation a step backwards, as it fosters an environment that the U.S. does not welcome people who enter this country illegally. Personally, I think that the citizenship of a person should not depend on their parent's situation, especially because it is likely that they had no control over their actions. To a country that so prides itself on equal opportunity, I am sure that the U.S. would lack in the cultural diversity that the 14th Amendment has made possible today.
ReplyDeleteFor starters, the U.S. doesn't welcome people who enter the country illegally, it has and it never should. I also think that as Americans, we have the right to know who comes into our country, if we allow the notion that just because you have a kid,you can enter our country, it will allow people who are undeserving (not taking legal citizenship paths) to enter into our country.
DeleteWhile I can understand that citizenship as a birthright does incentivize illegal immigration, the 14th amendment should not be repealed on that basis. The rights outlined in the 14th amendment are unique to the US, as most democratic nations do not grant citizenship based on birth. The diversity of our population, which is one aspect of the US that separates it from other countries, is partially due to the naturalization clause in the amendment mentioned above. Because of this, diversity should not be compromised in order to lessen illegal immigration by a small percentage.
DeleteI believe that this statement is just a political ploy to rally his voter base similar to his "wall plan." It clearly states in our Constitution that whoever is born here is clearly an American citizen, which was to combat slavery at first but I think it is important to instill this because children of illegal immigrants can still contribute to our society. Only children of legal citizens can create a major bureaucratic vacuum for those born here to illegal parents.
ReplyDelete^ Jeremy Ho
DeleteI think that Trumps saying this could be a way for him to rally his base for the mid terms but he could be serious on this. It would be hard for Trump to sign this executive order into law and it would even be hard for congress to enact such a law. however he does have a constitutional point. in the 14th ammendment it says that only those subject of the Jurisdiction of the US can have birth right citizenship so if Trump were to sign an executive order to end birth right citizenship for children of illegal immingrants he could
ReplyDeleteI think that Trump is very serious about everything he says. For example when he said he would build a wall, he actually has been following through on that plan which is surprising to most people. I don't think Trump calculates the timing of when he says things, therefore this statement probably has nothing to do with the midterm election. It cannot be said for certain whether his assertions are valid or invalid since the 14th amendment is really just up to interpretation. I do not think Trump or his supports has the power to change this amendment since it takes a huge majority to do so and is far beyond the extent of his presidential power. It definitely feels like there are people taking advantage of the 14th amendment and abusing its purpose so I do not think Trump is completely wrong. The parents have to take responsibility for their child, therefore their child should be affected by the legality of their immigration.
ReplyDeleteTrump saying this is just another political ploy to rally his supporters and remind them of his priorities ahead of the midterms. I'd be surprised if even he thought he could pull this off. He can't override the 14th amendment. The citizenship status of a parent should not be cause for concern of an American-born child's citizenship.
ReplyDeleteBeing very close to the midterm elections, I agree with the previous statements that Trump is using this as a way to rally his supporters. I don't believe that he will be able to override the 14th amendment as it would take a lot more than the president to change an amendment. I believe that the citizenship of the parents should not determine the citizenship of the child if born in the US.
ReplyDeleteI dont think that Trump can use an executive order on this issue, as the interpretation of the 14th amendment relies on the what the supreme court says. Also, I don't think that this is the right way to tackle the issue of illegal immigration, as it complicates the citizenship process for those who have entered legally.
ReplyDeleteI think while the statement may be intentionally timed (topical due to the caravan), Trump is as serious as he's been about any other one of his policy choices. Trump's reasoning for this executive order are valid to him and his supporters which is all that really matters. I can see the qualms from his point of view about people reaping the benefits of our country without going through proper procedure. The citizenship of the parents should not determine the citizenship of the child if the child was born in the US, but the family in question should not be at all surprised when faced with the ramifications of such a risky and, according to the law, irresponsible decision. Having a child when your citizenship status is in question is objectively unwise when the country you are settling in does not treat illegal immigrants with the same respect it does legal ones. Whether or not the action is legal is up to the supreme court. I personally do not see anything that will be achieved by denying the offspring citizenship when it is dependent on people that are likely to be punished anyway.
ReplyDeleteI believe Trump's claim to end birthright citizenship is a way for him to reassert his values to his supporters before the midterm election. Trump won't be able to use executive order to put birthright citizenship to an end because it is protected by the 14th amendment. I believe Trumps plan with the executive order wouldn't solve the illegal immigration problem in the US, because people would continue to come to the US illegally.
ReplyDeleteI agree with Trump's belief that the kids of parents who come to the U.S. illegally should not be considered legal just because they are born in the U.S. This would allow anybody to just come into the U.S., have a kid and then try to be legal by claiming connections to the kid. However, I'm not sure if Trump can pull this off because historically it is tough to fight against an amendment.
ReplyDeleteI believe this is to rally his people even though he can't do anything about changing the 14th Amendment. He wants to feed his supporters false information that can't be done just to give them some with the important election coming up. He's adverting their and our attention to something different in order to stay ahead of the election. This amendment was established to make everyone equal no matter who they are in America because at that moment it wan't equal for all. One person can't try to make it disappear without backlash.
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ReplyDeleteI believe that the issue of illegally immigrating to the US to bear a child so the child is a US citizen should be addressed. This is certainly not a new problem, but given that it is a major motivation for illegal immigration, it should be addressed. I do think Trump has a valid concern, but I don't think that trying to alter the interpretation of the 14th amendment in order to pass a piece of legislation is valid. The interpretation of the Constitution is up to the Supreme Court to decide.
ReplyDeleteWhile Trump's plan of action contains much validity, I think it will be difficult to execute. The fact that the children of illegal immigrants can become citizens only encourages more illegal immigration, and it gives them an easy way out. It is difficult for Trump to try to overturn the 14th Amendment, although there is subjectivity regarding the wording, such as the idea of "jurisdiction." For some time, Native Americans were not given the privileges of citizens, which means different interpretations, especially with the conservative stronghold on the Supreme Court, could result in different outcomes. Trump's desire to make this an executive order may not be the best decision, as that could be overturned by future presidents.
ReplyDeleteAs people have previously stated, Trump has a valid concern regarding illegal immigrants having children in the United States to take advantages of their child's citizenship. I personally believe that Trump is being serious on his decision. I believe that a child's citizenship should not be effected by their parents being illegal immigrants, I just do not think that the parents should be able to benefit from their children's citizenship. Thus, I think it its violating the 14th amendment.
ReplyDeleteI think the timing of this just reaffirms liberal beliefs on trump. I can't say for sure that this will have impact on the mid term election but I think it might contribute to a change. Though he has stated that he would like to enforce this, I do not think that he will be able to pass this. I think if he did enforce this as a law, that it would have little to no impact on the illegal immigration that occurs in the united states. I agree that he would be violating the 14th amendment in doing this.
ReplyDeleteI do not think that Trump is serious. Especially in the lead up to elections he tends to say things to get coverage. Before the 2016 election, he said something like the election was rigged. He also said that he was going to set up a commission to look into illegal voting as he said "millions and millions" of illegal alliens voted. This is a tactic to increase voter enthusiasm before the midterms. A birthright executive order would be clearly a violation of the 14th ammendment as it states "all persons born" are given the same rights.
ReplyDeleteBased on Trump's hard stances on immigration, especially that of illegal immigration from the southern border, I believe it is completely valid that he actually serious in his claims to execute this plan. That being said, while the citizenship status of the parents should not impact that of their children, granting citizenship to people who immigrate illegally will only encourage more illegal immigrants to do so, allowing the problem to become bigger rather than solving it. That being said, while this problem of illegal immigrants should be addressed, especially with the migrant caravan with thousands of people approaching, revoking the 14th Amendment is not the right solution to this problem.
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