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With congressional elections a week away, President Donald Trump on Tuesday said he will seek to scrap the right of citizenship for U.S.-born children of non-citizens and illegal immigrants as he tries again to dramatically reshape immigration policies. Reviving his support for a legally questionable theory, Trump told the Axios news website he would issue an executive order on so-called birthright citizenship, an issue that has long rankled some conservative Republicans. Trump’s previous calls to end the practice have resonated with his political base, but moderate Republicans and some legal experts say Trump is running afoul of the U.S. Constitution. Under the Constitution’s 14th Amendment, enacted in the wake of the Civil War to ensure that black Americans previously subject to slavery had full citizenship rights, citizenship is granted to “all persons born or naturalized in the United States.” It has been routinely interpreted over the years to confer citizenship to people born in the United States whose parents are illegal immigrants.

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