Donald Trump on Birthright Citizenship: The 14th Amendment is Very Questionable We can’t fix illegal immigration until we fix birthright citizenship.

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Sep 6, 2017 1 Comment ›› admin

By Lynn Woolley

In any discussion of illegal immigration, there is always an 800-pound gorilla in the room. The concept that anyone can sneak into the United States just prior to having a baby, and, when the baby comes it automatically has citizenship, is not in the Constitution.

But that hasn’t stopped misguided judges from ruling that it is – based on emotion or ideology.

So where is President Trump on this issue?

We searched for interviews that might give us a clue. In 2015, Mr. Trump told CNN’s Chris Cuomo that the 14th Amendment is very questionable – meaning that the courts’ interpretation is arguably wrong. He talked about how difficult it would be to get a constitutional amendment – and that he believes the issue can be won legally—in the courts.

Video: On August 19, 2015, CNN’s Chris Cuomo grills Donald Trump on illegal immigration & birthright citizenship

We can only hope he still feels that way. We can never control our borders until this issue is fixed.

We addressed the issue from a historical perspective right after the Cuomo interview in August 2015.

Here is part of what we wrote:

…let’s go back to the United States of the post Civil War era when the Fourteenth Amendment was passed by Congress on June 13, 1866 and ratified July 9, 1868.

As The Heritage Guide to the Constitution explains, prior to that time, to be a citizen of the United States you simply had to be a citizen of a state — with an exception. The Dred Scott v. Sanford decision of 1857 had held that no black, not even a freed black, could be a citizen. The purpose of the Fourteenth Amendment was to halt that injustice. It did so by flipping the order and making U.S. citizenship primary.

So that the amendment wouldn’t be used for mischief-making, the framers added the words “…and subject to the jurisdiction thereof…” to the language about birth and naturalization. The mischief they were worried about had to do with Indians.

Congress had just passed a Civil Rights Act in 1866 that stated: “All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States.” So the Fourteenth Amendment simply constitutionalized that law, with one small difference. It excluded that part about “Indians not taxed.”

This was a Civil War amendment designed for a specific purpose – as you just read. But the courts have applied it to modern days, and have come up with the novel idea that sneaking across the border a few minutes before birth is what the Framers of Amendment had in mind. That is ridiculous on the face of it.

Video: GOP presidential nominee Donald Trump talked about immigration during his acceptance speech at the 2016 Republican National Convention.

At some point, we have to decide whether the United States is going to continue handing out cheap citizenship.

Republicans are opportunists on this issue.

They know the 14th Amendment does not grant citizenship in these cases – but they fall back on wrongheaded judicial rulings. That gets self-serving politicians off the hook. Many of them are lawyers and know better. That doesn’t matter. At your next town hall meeting, ask your congressman about the 14th Amendment and if he or she doesn’t cite judicial rulings as an excuse for birthright citizenship, I’ll eat your hat.

Video: Former Deputy Assistant Attorney General Tom Dupree on FOX News says Trump ‘pushes the envelope’ on birthright citizenship (August 21, 2015)

It would be hard to get it changed in court, but as Mr. Trump says, it can be done. He also says that, as a minimum, the parents of the baby must be deported. This, of course, goes against liberal orthodoxy of “not separating families.”

But why, when so many illegal alien women are having babies at Parkland Hospital in Dallas and other Texas hospitals – for the very purpose of having a citizen child – should we worry about separating families? We can easily send the child back with the mother – and if he decides later to come back to the U.S., he’d be a citizen under current interpretations.

It’s the illegal alien mother (and sometimes father) that decides to cross the border illegally to to have a child. No one in the United States decides that. Because of our crap-weasel Congress and judges, we have landed in this situation, and now face chain migration that is never-ending.

Trump should bring this issue up and make it a priority.

Of course, the President is having trouble getting stuff done because of Trump-hatred and the insipid Special Council, Robert Mueller. The idea in Washington is not to do something about birthright citizenship – but to do something about Trump.

We can’t fix illegal immigration until we fix birthright citizenship. I have no doubt that the President would do it. But too many members of Congress see danger in addressing the issue. More than anything else they want to be reelected, and this subject is closed to them. They have court rulings to hide behind.

And that’s precisely why we will never solve the issue of illegal immigration.

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  1. John7 says:

    “President Donald Trump is trying to put his foot down on new immigrants flocking to America to abuse the American welfare system. Trump wants to enact laws that forbid immigrants from receiving welfare for the first five years they are in America. President Trump wants to introduce a merit-based Green card system in which migrants compete for Visas.”

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