Ending Birthright Citizenship Does Not Require Constitutional Amendment

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Article date: 
17 October 2019
Article category: 
Our American Future
Article Body: 
Acting United States Citizenship and Immigration Services (USCIS) Director Ken Cuccinelli says there is no Constitutional Amendment needed to end the nation’s birthright citizenship, whereby millions of illegal aliens have been able to secure their U.S.-born children American citizenship.
During the Christian Science Monitor‘s breakfast with Cuccinelli, the acting director said he does not believe that an amendment to the Constitution is necessary for the U.S. to end its birthright citizenship policy.
“I do not, at least I have a belief on it, that I do not believe you need an amendment to the Constitution,” Cuccinelli said. “I think the question is ‘Do you need congressional action or can the executive act on their own?'”
To date, the U.S. Supreme Court has never explicitly ruled that the U.S.-born children of illegal aliens must be granted automatic American citizenship, and a number of legal scholars dispute the idea.
Many leading conservative scholars argue the Citizenship Clause of the 14th Amendment does not provide mandatory birthright citizenship to the U.S.-born children of illegal aliens or noncitizens, as these children are not subject to U.S. jurisdiction as that language was understood when the 14th Amendment was ratified....