Vice President Mike Pence rallies for Republicans in Oakland County, Monday, Oct. 29, 2018, at the Oakland County Airport in Waterford, Mich. (Tanya Moutzalias/Ann Arbor News-MLive.com via AP)

The Latest: Pence discusses changing birthright citizenship

October 30, 2018 - 2:11 pm

WASHINGTON (AP) — The Latest on President Donald Trump's effort to end birthright citizenship (all times local):

12:15 p.m.

Vice President Mike Pence says potentially changing birthright citizenship is part of the Trump administration's broad look at U.S. laws that draw people into the country illegally.

Pence said Tuesday the administration is looking at action that would revise birthright citizenship, which is guaranteed under the 14th Amendment. The amendment's Citizenship Clause says all people born or naturalized in the United States are citizens of the United States.

Pence says the Supreme Court has never ruled on whether the language in the amendment applies specifically to people in the country illegally.

In a Politico interview, Pence denied that President Donald Trump's current talk about immigration is a scare tactic to rally Republican support in the midterms.

Trump tells "Axios on HBO" he wants to end birthright citizenship for babies born to non-citizens and immigrants not authorized to be in the U.S.

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9:35 a.m.

A person familiar with internal White House debate says the topic of birthright citizenship has come up various times over at least the last year.

President Donald Trump tells "Axios on HBO" he wants to end birthright citizenship for babies born to non-citizens and immigrants not authorized to be in the U.S.

White House lawyers expect to work with the Justice Department to develop a legal justification for the action. It's one of many immigration changes being discussed including asylum law changes and barring the migrant caravan from entering the U.S.

Administration officials say there likely would be no decisions until after the midterms.

Most scholars believe ending birthright citizenship would require a constitutional amendment.

The person familiar with internal White House debate wasn't authorized to speak publicly and spoke Tuesday to The Associated Press on the condition of anonymity.

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By Zeke Miller and Colleen Long.

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8:45 a.m.

Constitutional experts are questioning President Donald Trump's legal ability to limit a constitutional amendment on birthright citizenship without Congress' consent.

Sarah Turberville directs The Constitution Project at the Project on Government Oversight and says Trump is "not a king" and "can't announce what the law is."

Other experts said Tuesday such an executive order might be possible if narrowly drawn but would violate the spirit of the Constitution's 14th Amendment.

Trump says in an interview with "Axios on HBO" he wants to end birthright citizenship for babies born to non-citizens and immigrants not authorized to be in the U.S. Most scholars believe ending birthright citizenship would require an amendment to the Constitution.

As early as 2015, Trump characterized birthright citizenship as a "magnet" for illegal immigration and the 14th Amendment as "questionable" in this context.

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7:15 a.m.

President Donald Trump says he wants to order the end of the constitutional right to citizenship for babies of non-citizens and unauthorized immigrants born in the United States.

The president's comments to "Axios on HBO" come amid a renewed push for hardline immigration policies before the midterm elections. Trump believes focusing on immigration will energize his supporters and help Republicans keep control of Congress.

Revoking birthright citizenship would spark a court fight over the president's unilateral ability to change an amendment to the Constitution. The 14th Amendment guarantees that right for children born in the U.S.

Asked about the legality of such an executive order, Trump said, "they're saying I can do it just with an executive order."

Trump says White House lawyers are reviewing his proposal. It is unclear how quickly he'd act on an executive order.

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