Republican Candidate Kris Kobach Echoes Trump on the Birthright Citizenship Issue

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In an interview with Fox News that aired Monday night, Trump said he planned to sign an executive order ending the citizenship practice. In a morning tweet, he said the right to citizenship for babies born to non-citizens on American soil "will be ended one way or the other". "That's what it costs ― billions". It later was used to guarantee citizenship to all babies born on U.S. soil after court challenges, including one that led to an 1898 decision by the U.S. Supreme Court. Joe Donnelly, D-Ind., a moderate running for reelection in a conservative state, appeared to leave the door open to legislation that would end birthright citizenship, the concept that almost anyone born on American soil is automatically a citizen of the United States.

Trump doubled down on his commitment to upending the 14th Amendment to the riled-up crowd chanting, "USA!" They argue that even with an executive order from Mr Trump, abolishing the amendment will likely be blocked legal by federal courts or the US Supreme Court. "We will get rid of all of this". Among those who have benefited from the right of citizenship for children born on USA soil to non-citizens and unauthorised immigrants are thousands of children of Indian holders of U.S. work and visit visas.

He added that "We're the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States".

Donald Trump said that the issue would be ultimately decided by the Supreme Court.

"That's the case with President Trump's proposal to end "birthright citizenship" through an executive order", George Conway wrote.

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Ilya Shapiro, a lawyer with the libertarian Cato Institute, said that although there is a debate in academic circles among conservatives on whether Congress could legislate on the issue without running afoul of the 14th Amendment, "it's not something that can be done by executive action alone".

Prominent US senator Lindsey Graham, a South Carolina Republican, has described birthright citizenship as "absurd".

"First of all, every single one of those Democrats voted for immigration reform", said Moran, who worked on immigration issues under then-Senate Majority Leader Harry Reid, D-Nev., and in the Obama White House.

In Trump's Monday interview with Fox, he said the USA also plans to build tent cities to house migrants seeking asylum, who would be detained until their cases were completed. "Oh, yeah? Everybody born here is a citizen, so says the Constitution".

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".

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Paul Rosenzweig, a legal expert and a former deputy assistant secretary for policy at the Department of Homeland Security, said Mr Trump's statements "makes clear that the US President either doesn't understand the law or doesn't care what it says".

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Most legal scholars say the jurisdiction language denies citizenship only to those who are not bound by USA law, such as the children of foreign diplomats.

Trump added that "many legal scholars agree" with him though he did not name any. Six of the Justices ruled that the phrase "and subject to the jurisdiction thereof" applied to any person required to obey United States laws, meaning even children of foreigners residing in the country permanently or temporarily.

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