Trump plans to sign executive order curbing birthright citizenship

President Donald Trump

Below is the most pertinent section of Trump's interview with Axios, where he speaks about birthright citizenship.

Donald Trump says he's considering\an executive order nullifying birthright citizenship.

Trump received a lot of pushback from lawmakers on both sides after making the comments, but Pelosi said it gave her party a big boost of optimism leading into next week's midterms.

The policy, which stems from a disputed but long-recognized interpretation of the 14th Amendment, has given rise to what Trump considers abuse of the immigration system.

FILE - In this October 27, 2018, file photo, President Donald Trump pauses while speaking at a rally at Southern Illinois Airport in Murphysboro, Ill.

Donald Trump, president of the United States of America, is planning to sign an executive order that would seek to end the right to US citizenship for children of non-citizens born on USA soil. "But now they're saying I can do it just with an executive order".

Further, the Immigration and Naturalization Act (INA) of 1952, the basic body of USA immigration law, also says that a "person born in the United States who is subject to the jurisdiction of the United States is a U.S. citizen at birth".

However, the legal challenges to such an executive order would force the courts to decide on a constitutional debate over the 14th Amendment.

The 14th Amendment and the Immigration and Naturalization Act of 1952, both ratified by Congress, state that people born in the U.S. and subject to its jurisdiction are citizens at birth. Changing it would nearly certainly require a constitutional amendment, not an executive order or legislation, experts said.

"When they are captured, we don't let them out", Trump said.

He added: "Obviously as conservatives we believe in the Constitution".

Trump also claimed he's consulted with the White House counsel. It also guarantees citizens "equal protection" under US law.

The president has previously described birthright citizenship as a "magnet" for illegal immigration and the 14th Amendment as "questionable" in this context. "We will win", Pelosi said during an appearance on "The Late Show with Stephen Colbert".

"What is very clear is you can't change this via executive fiat".

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