A New York Times (NYT) editor says the country’s policy of birthright citizenship — even for a U.S.-born child of illegal aliens, often referred to as an “anchor baby” — has been “enshrined in the Constitution for more than 150 years” and cannot be ended.
Last week, Trump told the media is he is “very seriously” looking at signing an executive order that will end birthright citizenship in the U.S., calling the policy “frankly ridiculous.” White House senior adviser Stephen Miller confirmed on Sunday that Trump is reviewing “all legal options” to end the “crazy” birthright citizenship policy.
To date, the U.S. Supreme Court has never explicitly ruled that the children of illegal aliens must be granted birthright citizenship, and many legal scholars dispute the idea. Despite this, New York Times editor Patrick Lyons writes that birthright citizenship cannot be ended because it is “enshrined in the Constitution.”
Lyons writes:
Does the Constitution guarantee birthright citizenship? [Emphasis added] Yes. The 14th Amendment says, “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.” [Emphasis added] … Can the president abolish it? [Emphasis added] No. The president cannot amend the Constitution, and an executive order trying to end or restrict the right to citizenship of persons born in the United States would almost certainly be challenged in court as a violation of the 14th Amendment. [Emphasis added]
Much like the Times, Sen. Kamala Harris (D-CA) — a 2020 Democrat presidential candidate — has similarly claimed that birthright citizenship is “enshrined” in the U.S. Constitution, as Breitbart News reported.
Fact Check: Kamala Harris Suggests Anchor Baby Policy Enshrined in U.S. Constitutionhttps://t.co/Hd00Uve1dU
— John Binder 👽 (@JxhnBinder) August 21, 2019