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One of President Trump’s promises to America while campaigning for reelection was issuing an Executive Order repealing the citizenship rights of children born in the United States who parents are illegal immigrants. Can he do this? The short answer is no.
A president does not have the authority to amend or repeal the Constitution or its Amendments. Only Congress can appeal such legislation.
Issuing an executive order to amend the Constitution is unconstitutional. These children’s rights are guaranteed and protected under the Fourteenth Amendment passed by Congress July 13, 1866 and ratified two years later on July 9, 1868.
This amendment grants citizenship to all persons born or naturalized in the United States including formerly enslaved people, and also provides all citizens with equal protection under the laws, extending to them the protection of the Bill of Rights.
However, birthright citizenship has been challenged before.
Donald Trump could appeal to the Supreme Court again for a change in the interpretation which would support his campaign promises. Donald Trump has already bragged about the influence he has with the Supreme Court, compromising our historical separation of powers.
My concern is that in this process these vulnerable children will be stripped of their birthright citizenship and be wrongfully apprehended and confined.
Will anyone or any organization, social or governmental or religious, be able to protest or prevent this?
Robert White
DeKalb