President Donald Trump is promising to end birthright citizenship through an executive order.
Trump's vow to end the right to citizenship for the children of non-citizens and unauthorized immigrants born on U.S. soil will have to find a way around the 14th Amendment to the Constitution.
SIU constitutional law professor Ed Dawson says there is no definitive answer to that matter because the Supreme Court has never issued a final ruling on the question.
"But, it has at least strongly suggested, in older cases, that a person born in the United States, even if their parents aren't citizens, is a citizen of the United States. It never had to consider this particular issue, which as I understand it, is that it makes a difference whether the parents of the child were in the country legally or not."
Dawson says there are many other questions surrounding the issue. He says one is whether the constitution would allow it at all? Another is who would have the power without amending the constitution?
"The argument there would be, I suppose, the president is tasked with enforcing the immigration laws and therefore can tell executive officials how to define citizenship. I think there would definitely be a question there as well because there would be a good argument that, even if there is such a power, it would reside with congress, who's responsible for writing the immigration laws."
GOP Senator Lindsey Graham says he would introduce legislation similar to any executive order that might be issued.
Dawson says there is no doubt a presidential executive order would spark a court challenge, which would settle the question about what the 14th amendment means.
