President Trump is reportedly considering putting out an executive order in his final weeks in office to target birthright citizenship, according to two sources who spoke to The Hill.
Ending birthright citizenship — which guarantees citizenship to anyone born on US soil, regardless of the citizenship of their parents — has been something Trump's talked about doing since his 2016 campaign.
Vice President-elect Kamala Harris is an example of someone who gained her citizenship this way. Her Indian mother and Jamaican father were not yet US citizens when they had her in California in 1964.
When reached for comment by The Hill, a White House spokesman said he wouldn't "speculate or comment on potential executive action."
However, The Intercept reported in 2018 that this is "an idea rejected by an overwhelming consensus of conservative and liberal law scholars." A law written into the Constitution can only be ended through a new amendment.
If the president finally issues a long-awaited executive order limiting birthright citizenship, it will be up to the Supreme Court to resolve this issue once and for all," Hauman said.
According to The Hill report, the Trump administration is aware that it would immediately be challenged in court if they passed an executive order on the issue. They hope to get a ruling on whether the 14th Amendment protects birthright citizenship, according to one of the sources who spoke to The Hill and is familiar with the plans.
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