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ജന്മനാ പൗരത്വം ലഭിക്കുന്നത് എക്‌സിക്യൂട്ടിവ് ഓര്‍ഡറിലൂടെ നിര്‍ത്തുമെന്നു ട്രമ്പ്

Published on 30 October, 2018
ജന്മനാ പൗരത്വം ലഭിക്കുന്നത് എക്‌സിക്യൂട്ടിവ് ഓര്‍ഡറിലൂടെ നിര്‍ത്തുമെന്നു ട്രമ്പ്
വാഷിംഗ്ടണ്‍ ഡി.സി: അമേരിക്കയില്‍ ജനിക്കുന്ന എല്ലാവര്‍ക്കും അമേരികന്‍ പൗരത്വം നല്‍കുന്നത് അവസാനിപ്പിക്കാന്‍ എക്‌സിക്യൂട്ടിവ് ഓര്‍ഡര്‍ പുറപ്പെടുവിക്കുമെന്ന് പ്രസിഡന്റ് ഡൊണള്‍ഡ് ട്രമ്പ്.

ഇതിനു ഭരണ്‍ഘടനാ ഭേദഗതി വേണമെന്നാണു പറഞ്ഞിരുന്നത്. എന്നാല്‍ അതാവശ്യമില്ല. കോണ്‍ഗ്രസിനു അതു മാറ്റാം. അതു പോലും വേണ്ട എക്‌സിക്യൂട്ടിവ് ഓര്‍ഡര്‍ മതി എന്നാണു ഇപ്പോള്‍ മനസിലാകുന്നത്-ട്രമ്പ് വ്യക്തമാക്കി.

പതിന്നാലാം ഭര്‍ണഘടനാ ഭേദഗതി ആണു ജന്മനാ ഉള്ള പൗരത്വത്തെപറ്റി പറയുന്നത്. എന്നാല്‍ പൗരന്മാര്‍ക്കും നിയാമാനുസ്രുതം ഇവിടെ താമസിക്കുന്നവര്‍ക്കും ഉണ്ടാവുന്ന കുട്ടികള്‍ക്കേ പൗരത്വം അവകാശപ്പെടാനാവൂ എന്നു ഒരു വിഭാഗം വാദിക്കുന്നു.

എന്തായാലും ഇത് കോടതി തീരുമാനിക്കേണ്ട സ്ഥിതി വരുമെന്നുറപ്പ്

30 പാശ്ചാത്യ രാജ്യങ്ങളില്‍ ജന്മനാ ഉള്ള പൗരത്വം അനുവദിക്കുന്നുണ്ട്.

Trump plans to end birthright citizenship 

Washington, Oct 31 (IANS) US President Donald Trump confirmed on Tuesday that he is planning to put an end to what he called the "ridiculous" law that grants citizenship to all children born in US territory.


"We're the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the US... with all of those benefits," Trump said in an interview with the online daily Axios, reports Efe.

Trump did not mention the fact that more than two dozen other countries, including Mexico and Canada, also have similar laws authorising citizenship for anyone born in their territory.

"It's ridiculous. It's ridiculous. And it has to end," he added.

During the 2016 election campaign, Trump had explored this idea, although experts say that he will face significant obstacles and unleash a prolonged legal battle if he tries to implement it since birthright citizenship is an explicit part of the Constitution.

The 14th Amendment to the Constitution states: "All persons born or naturalised in the US and subject to the jurisdiction thereof, are citizens of the US and of the state wherein they reside."

"It was always told to me that you needed a constitutional amendment. Guess what? You don't," Trump said, adding that "You can definitely do it with an Act of Congress. But now they're saying I can do it just with an executive order."

The US President provided no details about that proposition, saying only that he had discussed the matter with his legal advisers in the White House.

The Democratic National Committee criticised Trump's proposal as "obviously unconstitutional."

"His intent is clear: To incite fear, divide our nation, and make vulnerable communities feel unsafe," DNC spokesman Daniel Wessel said in a statement, adding "If you want leaders who will unite our country instead of divide it, you must vote on November 6."

Trump's plan would be directed against the US-born children of illegal immigrants and would not affect people with legal residence.

The escalation of the president's anti-immigrant rhetoric comes during the final stretch of the election campaign for the November 6 midterm vote in which Republicans are seeking to maintain their majority in Congress.

read
https://www.axios.com/trump-birthright-citizenship-executive-order-0cf4285a-16c6-48f2-a933-bd71fd72ea82.html

President Trump plans to sign an executive order that would remove the right to citizenship for babies of non-citizens and unauthorized immigrants born on U.S. soil, he said yesterday in an exclusive interview for "Axios on HBO," a new four-part documentary news series debuting on HBO this Sunday at 6:30 p.m. ET/PT.

Why it matters: This would be the most dramatic move yet in Trump's hardline immigration campaign, this time targeting "anchor babies" and "chain migration." And it will set off another stand-off with the courts, as Trump’s power to do this through executive action is debatable to say the least.


Trump told "Axios on HBO" that he has run the idea of ending birthright citizenship by his counsel and plans to proceed with the highly controversial move, which certainly will face legal challenges.

"It was always told to me that you needed a constitutional amendment. Guess what? You don't," Trump said, declaring he can do it by executive order.

When told that's very much in dispute, Trump replied: "You can definitely do it with an Act of Congress. But now they're saying I can do it just with an executive order."

"We're the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States ... with all of those benefits," Trump continued. "It's ridiculous. It's ridiculous. And it has to end." (More than 30 countries, most in the Western Hemisphere, provide birthright citizenship.)

"It's in the process. It'll happen ... with an executive order."

The president expressed surprise that "Axios on HBO" knew about his secret plan: "I didn't think anybody knew that but me. I thought I was the only one. "

Behind the scenes: "Axios on HBO" had been working for weeks on a story on Trump’s plans for birthright citizenship, based on conversations with several sources, including one close to the White House Counsel’s office.

The legal challenges would force the courts to decide on a constitutional debate over the 14th Amendment, which says:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

Be smart: Few immigration and constitutional scholars believe it is within the president's power to change birthright citizenship, former U.S. Citizenship and Immigration Services chief counsel Lynden Melmed tells Axios.

But some conservatives have argued that the 14th Amendment was only intended to provide citizenship to children born in the U.S. to lawful permanent residents — not to unauthorized immigrants or those on temporary visas.

John Eastman, a constitutional scholar and director of Chapman University's Center for Constitutional Jurisprudence, told "Axios on HBO" that the Constitution has been misapplied over the past 40 or so years. He says the line "subject to the jurisdiction thereof" originally referred to people with full, political allegiance to the U.S. — green card holders and citizens.

Michael Anton, a former national security official in the Trump administration, recently took up this argument in the Washington Post.

Anton said that Trump could, via executive order, "specify to federal agencies that the children of noncitizens are not citizens" simply because they were born on U.S. soil. (It’s not yet clear whether Trump will take this maximalist argument, though his previous rhetoric suggests there’s a good chance.)

But others — such as Judge James C. Ho, who was appointed by Trump to Fifth Circuit Court of Appeals, in New Orleans — say the line in the amendment refers to the legal obligation to follow U.S. laws, which applies to all foreign visitors (except diplomats) and immigrants. He has written that changing how the 14th Amendment is applied would be "unconstitutional."

Between the lines: Until the 1960s, the 14th Amendment was never applied to undocumented or temporary immigrants, Eastman said.

Between 1980 and 2006, the number of births to unauthorized immigrants — which opponents of birthright citizenship call "anchor babies" — skyrocketed to a peak of 370,000, according to a 2016 study by Pew Research. It then declined slightly during and following the Great Recession.

The Supreme Court has already ruled that children born to immigrants who are legal permanent residents have citizenship. But those who claim the 14th Amendment should not apply to everyone point to the fact that there has been no ruling on a case specifically involving undocumented immigrants or those with temporary legal status.

The bottom line: If Trump follows through on the executive order, "the courts would have to weigh in in a way they haven't," Eastman said.

The full interview will air on "Axios on HBO" this Sunday, Nov. 4, at 6:30 p.m. ET/PT.

Go deeper:

Reality check: Trump told migrants to go home. That's not how the system works

Infographic: What happens when families cross the border

The big picture: U.S. could face prolonged era of anti-immigrant fever

 

 

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Anthappan 2018-10-30 21:27:35
"Donald Trump, you are asking Americans to trust you with our future. Let me ask you: Have you even read the US Constitution?" and that was the question asked by Khizr Khan, the father of the soldier who got killed in Iraq war when President Trump denounced the Gold star family during his election campaign for Presidency.  Once again his statement shows his ignorance about constitution, specifically XIV amendment which protects Citizenship by birth in US soil whether it is illegal or legal.     

Constitution of United States of America 1789 (rev. 1992)
Section 1
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
 
Trump cannot amend the Constitution with his executive power  The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.

His ploy will work with Tom, Jerry, Kunthra and Boby 
Vote For Democrats 2018-10-31 10:57:08
His statement is not for you Anthappan. It is for Bobies and Kunthras
മലയാളത്തില്‍ ടൈപ്പ് ചെയ്യാന്‍ ഇവിടെ ക്ലിക്ക് ചെയ്യുക