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Easier Said Than Done – Recent Policy Positions Unlikely to Become Law of the Land

November 1, 2018

Update: In recent days, President Trump has spoken publicly about two immigration policy positions – a desire to end birthright citizenship, and a desire to increase enforcement against asylum seekers. In both cases, the President’s statements have been short on details, focusing on the outcomes he hopes to achieve but not providing details on the legal basis for such changes.

Even if the President eventually does issue an executive order related to these policies, they are unlikely to become law. The birthright citizenship proposal, in particular, is “a move most legal experts say would run afoul of the Constitution,” according to the Washington Post, and would require re-interpreting or changing the citizenship clause of the 14th Amendment.