Local attorney weighs in on Trump’s planned executive order to end birthright citizenship

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SAN DIEGO -- President Donald Trump announced Tuesday that he plans to sign an executive order that would end birthright citizenship for children of undocumented immigrants born on U.S. territory.

FOX 5 spoke to an attorney who said Trump's plan likely won't work.

President Trump's idea to modify the 14th amendment, denying citizenship to children of undocumented migrants, won't work, said Attorney Elliott Kanter.

Kanter, who has been practicing constitutional law in San Diego for nearly 40 years, was critical of Trump's idea.

"For a president to say all of the sudden I'm going to change it, it's a broad step, I think a very dangerous step, it's too much power," said Kanter.

Kanter also added that only possibility would be for Trump going ahead with an executive order and have it overturned by district courts. "Eventually if it gets to the Supreme Court, court has a choice do we accept that, are we going to say no and we're not going to hear that which makes district court the law of the land."

Even if the Supreme Court decided to hear arguments, Kanter says court will likely rule the executive order as unconstitutional.

 

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