(30 Oct 2018) The director of nonprofit group that seeks to safeguard individual rights under the Constitution called President Donald Trump's proposal to ban birthright citizenship "absurd," and sees a legal challenge if he issues an executive order.
"There's a great deal of authority, but what the president cannot do is by executive fiat strip away rights that are found in the 14th Amendment to the Constitution, said Sarah Turberville, the director of The Constitution Project.
Most scholars think he can't implement such a change unilaterally.
"He is not a king," she said.
Trump is making another hard line immigration play in the final days before the midterm elections, declaring that he wants to order an end to the constitutional right to citizenship for babies born in the United States to noncitizens.
With seven days to go before high-stakes elections, Trump made the comments to "Axios on HBO."
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."
A 2010 study from the Center for Immigration Studies, a group that supports immigration restrictions, showed that 30 countries offered birthright citizenship.
"I think that it will be subject to an immediate court challenge," Turberville said.
"And it could be the kind of case that's frankly I think it is the kind of case it's rather open and shut."
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