WASHINGTON — President Donald Trump is declaring that he wants to order an end to the constitutional right to citizenship for babies born in the United States to non-citizens.
Trump made the comments to Axios on HBO.
The president has long called for an end to birthright citizenship, as have many conservatives. An executive order to revoke the right would spark a court fight over whether the president has the unilateral ability to change an amendment to the Constitution. The 14th Amendment guarantees that right for all children born in the U.S.
Asked about the legality of such an executive order, Trump said, "they're saying I can do it just with an executive order." 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," though a 2010 study from the Center for Immigration Studies showed that 30 countries offered birthright citizenship.
An excerpt of the interview was posted on Axios' website on Tuesday.
The president said White House lawyers are reviewing his proposal. It's unclear how quickly he would act and the White House did not provide further details.
A person familiar with the internal White House debate said the topic of birthright citizenship had come up inside the West Wing at various times over at least the last year, but has some internal detractors. White House lawyers have debated the topic, and expect to work with the Justice Department's Office of Legal Counsel to develop a legal justification for the action. It is one of many immigration changes being discussed including asylum law changes, and barring the migrant caravan from entering the country.
But administration officials said there would likely be no decisions until after the midterms, due in part to the president's trip to Pittsburgh.