By Randall Yip, Executive Editor
An incoming White House official this morning announced the Trump administration will immediately issue an executive order declaring an end to birthright citizenship.
“The federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States,” the official said speaking on background during a teleconference attended by AsAmNews.
Birthright citizenship in the United States has been the law of the land since 1898 when Wong Kim Ark of San Francisco won his case in the U.S. Supreme Court.
Born in 1873 in San Francisco, immigration authorities denied Wong reentry into the country following a visit to China. He then successfully sued.
The right of citizenship to any child born in the United States is protected by the 14th amendment.
“An executive order cannot override the Constitution. So we see this as an attempt to cause panic and fear in our immigrant communities,” said Martin Kim, director of immigration advocacy for Asian Americans Advancing Justice-AAJC. “We’re prepared to protect our rights and all options for us, including litigation, are on the table.”
Trump had threatened to end birthright citizenship during his campaign, but constitutional experts question whether he could legally do that since changes to the constitution can only be ratified by two-thirds of the House and Senate or at a constitutional convention ratified by two-thirds of the state legislatures.
Today’s action will likely face a legal challenge, but with the Supreme Court dominated by a conservative majority, the fate of birth right citizenship could be in danger.
The same incoming White House official claiming a “mandate” from the election also announced this morning that the Trump administration would also be ending asylum and suspending refugee resettlement for at least four months.
“We are going to end asylum and close the border to illegals via proclamation, which creates an immediate removal process without possibility of asylum.”
Trump also plans to declare a national emergency at the border. The official said he plans to deploy military forces to the border as well as erect physical barriers including finishing the border wall he promised during his first administration.
The official said it had not yet been determined how many troops would be sent to the border.
“This is not normal politics,” said Kim to AsAmNews. “What I would say to our community members, keep monitoring, get involved, take action. Remember that there are many, many organizations, including AAJC and a lot of our partner organizations who are fighting for these rights and are pushing back against these policies.”
This story is still developing. AsAmNews will continue to update it as more information becomes available.
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