US President Donald Trump announced on Tuesday his intention to sign a decree abolishing the automatic granting of citizenship to children born in the United States. The intention of the president, expressed a week before the elections to the Congress, is considered by observers as the pre-election move of the president, who is trying to arouse enthusiasm in the ranks of the republican electorate. President Trump’s opponents insist that the president does not have the authority to repeal one of the amendments to the country's constitution.
In a televised interview, President Trump described the situation as "absurd" when a child born to a woman arriving in the United States automatically becomes an American citizen and, as the president put it, "has been a US citizen for 85 years, taking advantage of all the benefits." "We are, in fact, the only country," where this is happening, he proclaimed.
President Trump was immediately corrected: three dozen countries provide automatic citizenship to children born in their territory, including Canada and Mexico bordering the United States. The head of one of the leading American human rights organizations of the American Civil Liberties Union Omar Jadvat He said that the president cannot, by his decree, destroy the right granted by the constitution: "This is a frank and clearly unconstitutional attempt to sow discord and fan the flames of anti-immigrant hostility on the eve of the elections."
The fight against illegal migration was one of the main slogans of presidential candidate Donald Trump, and building a wall on the border with Mexico was his favorite topic.
Among the very first presidential decrees was a decree on the temporary prohibition of access to the country for citizens of several countries with a predominantly Muslim population. This decree was challenged in several courts, and in the end, the White House was forced to withdraw from it the most radical provisions. Illegal migration remains one of the most prominent themes of President Trump.
In recent days, the story of a so-called immigrant caravan — several thousand citizens from Central America — who are heading for the Mexican-American border in hopes of entering the United States, does not disappear from the news headlines. The president even announced that more than five thousand troops were being transferred to the border with Mexico to protect the United States from illegal immigrants. According to political analysts, Donald Trump believes that the fight against illegal migration is a winning topic for the Republican Party, which can lead to an relatively apathetic republican electorate coming to the polls.
Many people call this statement of Donald Trump no more than a pre-election political trick – among the skeptics, for example, the speaker of the House of Representatives is Republican Paul ryanwho declared that it was impossible to abolish the constitutional right to citizenship by presidential decree. But the president himself, referring to the opinion of some lawyers, argues that he can do this by decree. In fact, the wording of the 14th amendment to the US Constitution, which was adopted in 1868 to guarantee the right to American citizenship to children of former slaves, allows different interpretations, and it was interpreted differently in the past, an American lawyer and publicist told Radio Liberty in an interview David Copel:
Children of foreign diplomats born in the United States are not eligible for US citizenship
– The 14th amendment states that all people born or naturalized in the United States and within their jurisdiction are citizens of the United States and the states in which they reside. But what the wording “is in jurisdiction” means is not clear. For example, children of foreign diplomats born in the United States are not eligible for US citizenship. It is curious that in the framework of this amendment, the American Indians did not initially receive citizenship, since they were considered citizens of their tribes, which at that time were considered as sovereign nations under American law. It took a special decision of Congress, which granted citizenship to American Indians in 1923. I believe that the president’s initiative is more serious than the electoral trick and I have no doubt that if the president signs the relevant decree, he will be challenged in the Supreme Court. And I personally will not undertake to predict the outcome of this litigation.
Go– How big is this phenomenon?
In the US, there are about 4 million children born to illegal immigrant families.
– There is even the term "children anchors." It is understood that the birth of a child in the United States gives his parents the theoretical possibility of obtaining the right of residence in the United States. Much has been written in recent years about wealthy Chinese women, Nigerians, and women living in Taiwan who come to the West Coast of the United States and to the American territories in the Pacific Ocean to have children in the so-called maternity hospitals. The Center for Immigration Studies, which advocates for the restriction of immigration, has calculated that this category of foreign tourists annually gives birth to about 40 thousand American children. “In general, there are about 4 million citizens born in illegal families in the US,” says David Kopel.
It is not yet known whether a presidential edict, which even some Republicans have expressed, will become a reality. But, according to sources in the administration of President Trump, he may appear shortly after the election to Congress. The right to citizenship is likely to be reserved for children, at least one of whose parents is a permanent resident of the United States.