The 14th Amendment guarantees citizenship for children born in the US regardless if their parents are citizens or not, which is what President Trump is looking to challenge.
However, Washburn law professor Bill Rich said this isn’t likely to happen.
“The provision in the Constitution is relatively clear on this issue and the idea that he can do this through executive order is really fairly astounding,” said Rich.
Edward Collazo is a Topeka attorney who often works on immigration cases.
He said the President’s proposal may alarm some, but there’s no reason to panic just yet.
“I think it’s extremely premature for folks to get all riled up about this,” said Collazo. “I think folks that are aware of the laws and aware of the 14th Amendment know that it is nearly impossible for this to occur.”
Rich said it would take a constitutional amendment to reverse the 14th Amendment granting birthright citizenship, and even if the President issues an executive order, it would be challenged in the courts.
“It shouldn’t be changed in the absence of a constitutional amendment and there’s a process for that. But, the text itself really doesn’t lend itself to differences of opinion,” said Rich.
The President said that White House lawyers are reviewing his proposal.
It’s unclear when he plans to issue the executive order.