Should President Trump make good on his threats to sign an executive order ending birthright citizenship, the move would be both legally and procedurally invalid. In an op-ed for The New York Daily News, I outline several obstacles the President’s stated intent, starting with the legal precedent that should prevent an executive order voiding the 14th Amendment.
An even stronger counterpoint to an executive order is the fact that only a change to the Constitution can effectively end birthright citizenship, and this would have to come from a Congressional decision, not a unilateral order issued by the President.
My third, and final point of contention comes from the sheer impracticality of the move. There is no clear procedure for handling the children and families that would be affected by such an order.
For more thorough insight into these points, click on the the link below: