Thread: Trump's Anchor Baby Deportation Vow Is Prohibited By Constitution

Is it possible to end birthright citizenship?

Birthright citizenship comes from the 14th Amendment to the Constitution, which was ratified in 1868. It states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." It gave citizenship to former slaves and overruled the Supreme Court, which said in Dred Scott v. Sandford that slaves were not U.S. citizens.

Multiple immigration law professors interviewed by CBS News said ending birthright citizenship would involve passing an amendment to change the Constitution.

Play VIDEO
John Boehner: Immigration reform is “almost impossible”


"It would require a vote of two thirds of both houses of Congress and then ratification by three fourths of the state legislatures so politically, I think that's almost impossible," Stephen Yale-Loehr, a Cornell University Law School professor, told CBS News.

"Some people believe that they could simply pass a statue to end birthright citizenship without having to amend the Constitution, but I think that most legal scholars believe that a constitutional amendment is required."

Hiroshi Motomura, who teaches immigration law and citizenship at the University of California-Los Angeles, told CBS News that ending birthright citizenship is "an overly simple solution for a really complex problem...with consequences that are going to be seriously negative consequences for this country. It would be much better to fix the immigration system."

The small group of scholars who say the 14th Amendment is open to further clarification by Congress focus on the words, "subject to the jurisdiction thereof." They point to the fact that Congress did not consider Native Americans to be subject to the jurisdiction of the United States, and offered citizenship on a tribe-by-tribe basis until it was it was made available to all tribes in 1923.

Yale Law Professor Peter Schuck explained it this way in a 2010 New York Times op-ed: "The argument against any birthright citizenship is that these children are here as a result of an illegal act and thus have no claim to membership in a country built on the ideal of mutual consent."

The most applicable Supreme Court case on birthright citizenship came in 1898 when the court ruled that Wong Kim Ark became a U.S. citizen at birth even though his parents - who lived in the U.S. when he was born - were of Chinese descent. His parents resided in the U.S. legally...

http://www.cbsnews.com/news/ending-b...t-citizenship/

Multiple immigration law professors interviewed by CBS News said ending birthright citizenship would involve passing an amendment to change the Constitution.

What now? Quoting immigration lawyers who make their money representing immigrants about the US Constitution? That's funny!

Why not ask someone who works for ICE if we can deport illegal aliens or the IRS if we can pass the FairTax or the Mayor of DC if we can keep and bear arms?

Really.

It says "immigration law professors"

not immigration lawyers.

Multiple immigration law professors interviewed by CBS News said ending birthright citizenship would involve passing an amendment to change the Constitution.