President Donald Trump has announced plans to push through an executive order to remove citizenship from children born in the United States to non-citizens and to immigrants born in the country illegally.
The 14th Amendment, passed after the Civil War, specifically says that "all persons born or naturalized in the United States are citizens". It's in the process.
Washington State Attorney General Bob Ferguson says his office will immediately sue the Trump administration if the president follows through on plans to end birthright citizenship by executive order.
Trump's comments come as he tries to focus the debate on immigration and a caravan of Central American migrants heading to the USA border as the country a week before the midterm elections reels from the massacre of 11 worshipers at a Pittsburgh synagogue and pipe-bomb mailings to a number of prominent Democrats.
"There basically was no USA immigration restriction". Now, it's being used by people entering the U.S. illegally to have so-called "anchor babies" who are granted full United States citizenship.
Trump's latest migration-related proposal comes in the heat of the midterm election campaigns. "You can not end birthright citizenship with an executive order". "And so, birthright citizenship is a way to make sure that governments don't treat the children of immigrants, be they documented or undocumented, as non people".
Trump: "With an executive order". "You don't need that", Mr Trump said.
Any court appeal would end up in the Supreme Court where Mr Trump has just secured a conservative majority with the appointment of Justice Brett Kavanaugh.
With that said, Yegani is skeptical as to whether Trump will actually move forward with this plan.
"I just think we just have to be very direct in asking questions as to whether or not birthright citizenship is a bridge too far in terms of benefits to illegal aliens", Fitton said. He tweeted Tuesday, "A president can not amend Constitution or laws via executive order".
But the citizenship acquired by virtue of the circumstances of birth has been in controversy for some time now as few people are of the opinion that the United States is the only country offering such a benefit and that it should be revoked.
Trump was asked if he believed that he could get rid of birthright citizenship without changing the Constitution. The 14th Amendment guarantees that right for all children born in the U.S.
"During congressional debates, both proponents and opponents of the citizenship clause agreed with this interpretation of the 14th Amendment", he added.