George Washington University law professor Jonathan Turley said Sunday on Fox that an issue within the wording of the 14th Amendment, which has been interpreted to establish birthright citizenship as a constitutional right, may ultimately aid in President Donald Trump’s favor to end birthright citizenship.
Following his inauguration, Trump signed an executive order on Jan. 20 to end birthright citizenship for illegal migrants and immigrants with temporary legal status. On “Fox News Sunday,” host Shannon Bream asked the law professor if the Trump administration could win in the courts, as multiple state attorney generals and a U.S. district court judge have already challenged the order.
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“Well, I think the initial argument of the Trump administration might be a little bit different in the sense that you have an amendment that has clarity on both ends, that if you’re born in this country, you are a citizen. But in the middle are these six maddening words that people have been debating over since it was first enacted or ratified,” Turley said.
“I think that members of the Supreme Court may want to look at that,” Turley added. “When the 14th Amendment was drafted, some of the individuals involved in that process, some of the members of Congress said that they believed it did not extend birthright citizenship and that has really fueled a lot of this debate.”
Only a day after Trump signed the executive order addressing birthright citizenship, the American Civil Liberties Union (ACLU) launched its first lawsuit against Trump, claiming the executive order is “unconstitutional” and is “a reckless and ruthless repudiation of American values.”
Turley went on to state that the Supreme Court could play a role in adopting a “different interpretation” of the 14th Amendment, adding that most Americans don’t approve of birthright citizenship, which could lead to a campaign if Trump loses in the courts.
“The law itself coming out of the courts has been fairly stable since then. But this hasn’t had a lot of treatment by the Supreme Court, so the Supreme Court could adopt a different interpretation. But the Trump administration may win either way. That is, if they lose in the courts, this is going to be playing out right before the midterm elections,” Turley continued.
“Most citizens, it seems like in polls, the majority of citizens do not approve of birthright citizenship,” Turley said. “We’re in the minority of countries recognizing birthright citizenship. That may be what the Trump administration is looking for. If they lose in the courts, they could start a constitutional amendment campaign. This is a wedge issue that they might invite.”
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It is estimated that more than 7 million illegal migrants crossed the U.S. border under the Biden-Harris administration, as the southern border had record-high encounters during those four years. According to Pew Research, the group found that in 2022, an estimated 1.3 million adults born to illegal immigrants in the U.S. were living in households with illegal migrants.
Despite pushback in the courts, a DOJ official told the Daily Caller on Thursday that the Trump administration plans to take the case to the U.S. Supreme Court. Trump officials have noted that the original intent of the 14th Amendment was to grant rights to freed black slaves.
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First published by the Daily Caller News Foundation.