In Yuma, Arizona, Senator Tim Scott raised doubts about the legality of campaign promises made by former President Donald Trump and Governor Ron DeSantis regarding the end of birthright citizenship for the children of immigrants living in the U.S. unlawfully. Scott believes that such a change would require an amendment to the U.S. Constitution and cannot be done unilaterally by the president. He emphasized that Congress would have to act for any changes to take place.
Scott expressed uncertainty regarding the legal authority of Trump and DeSantis to fulfill their promises, highlighting the constitutional challenges that would need to be addressed. The longstanding interpretation of the Constitution grants automatic U.S. citizenship to children born on American soil, regardless of their parents’ citizenship or legal status. Critics argue that this policy incentivizes unlawful immigration by allowing parents to benefit from their U.S.-born children’s citizenship.
Both Trump and DeSantis have vowed to end birthright citizenship, but any attempts to do so would inevitably face legal challenges. The 14th Amendment of the Constitution states that persons born or naturalized in the United States are citizens, making it necessary to propose an amendment by a supermajority in Congress or convene a constitutional convention with the participation of two-thirds of all states.
Scott, along with other Republican candidates, visited the U.S.-Mexico border to address immigration issues and criticized the Biden administration’s handling of the border crisis. He pledged to deploy more border agents and immigration judges if elected president and expressed his intention to end the Biden administration’s policy of processing migrants through the CBP One app.
The Biden administration has defended its approach to managing migrant crossings, attributing the increase in unlawful border entries to a mass displacement crisis in Latin America. The administration has implemented programs and stricter asylum rules to address the issue and argues that its strategy is reducing unlawful migration. While these asylum restrictions have faced challenges, an appeals court recently allowed the administration to continue them while reviewing an appeal of a lower court order that deemed them in violation of the country’s legal obligations to refugees.
Despite a decrease in illegal border crossings in June, preliminary Border Patrol figures indicate a recent increase in border crossings. Scott criticized the Biden administration for the insecurity and openness of the border and expressed his determination to address the issue as president.
Camilo Montoya-Galvez, the immigration reporter at CBS News, provided this article. Based in Washington, he covers immigration policy and politics.
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