In excerpts from his interview with Axios on HBO released online Tuesday, US President Donald Trump said he planned to end the constitutional guarantee of citizenship for the US-born children of noncitizens.
But Mr Trump told Axios that he now believes a stroke of his pen will be enough. "The Constitution is quite clear that no one, including the President of the United States, is above the law". The name comes from the fact that they come half way through the president's four-year term in office. On Monday, the administration announced it was deploying over 5,200 troops to the southern border to block the caravan of migrants, which is expected arrive at the us next month.
On Monday, Trump described the migrant caravan as an "invasion on our country" as his administration announced plans to deploy at least 5,200 troops to the border by the end of this week. "We're going to put up, we're going to build tent cities".
Does president have the power?
Birthright citizenship has been repealed in a handful of other countries, including Australia, Ireland, France and India.
Speaking to Politico, Vice President Mike Pence, who usually assumes the role of Trump's translator, explained how he perceived the United States president's comments - in light of heavy criticism pertaining to the legality of an executive order.
To change the law, Sherry said, you would need to either amend the 14th Amendment through Congress or ask the Supreme Court to overturn their earlier interpretation of the law and limit its benefit to people who are in the USA legally.
"You obviously can not do that", Ryan told WVLK when asked by an interviewer about the President's recent comments and where he stands on "an executive order ending birthright citizenship". He should have. Last year, more than a hundred thousand people showed up in this country - landing at airports, washing up on our shores in leaky boats, crossing our borders illegally, overstaying their visas - saying two magic words: "political asylum", and virtually assured themselves of being allowed to remain in the United States forever. And, frankly, "birthright citizenship" is a part of that.
His comments came Tuesday during an interview with Politico's Playbook. The president said that government lawyers are studying his proposal. "You can't change the Constitution with an executive order".
President Trump says he can end birthright citizenship with an executive order.
A person familiar with the internal White House debate said the topic of birthright citizenship has come up inside the West Wing at various times - and not without some detractors.
Brexit - the UK's ongoing attempt to leave the European Union - could make this even more complicated.
He and his wife are in the USA under the Deferred Action for Childhood Arrivals program. "You don't", said Mr Trump.
Omar Jadwat is the director of the Immigrants' Rights Project at the American Civil Liberties Union in NY. "It doesn't matter. If you were born on our property, you are a citizen". "I'm concerned about any president trying to rewrite the constitution by themselves", King said.
"Trump clearly can not do so by EO - and I feel confident that no competent lawyer would advise him otherwise", said Schuck, who co-wrote a 1985 book on the issue.
Suzanna Sherry is a professor of law at Vanderbilt Law School in Tennessee.
Ryan says Republicans didn't like when then-President Barack Obama "tried changing immigration laws via executive action". But the legislation has never advanced, even when the House of Representatives or Senate was under Republican control.
Jon Feere is an adviser at Immigration and Customs Enforcement. I think the President is looking at executive action.
The Supreme Court seconded this interpretation of the clause in a series of cases.
Citing "the ancient and fundamental rule of citizenship by birth within the territory", the court said the provision covered "all children here born of resident aliens", except for American Indians, diplomats and members of invading armies. His argument was published in The Hill in 2015. "I've been debating folks like this for more than a decade, and they claim that the 14th Amendment's been misinterpreted", she said.
The amendment was passed by Congress in 1866 during the period of Reconstruction after the Civil War. It was agreed to by three-fourths of the states in 1868.
By extending citizenship to those born in the United States, the amendment nullified an 1857 Supreme Court decision (Dred Scott v. Sandford), which ruled that those descended from slaves could not be citizens.