However, where Trump may run in to a bit of a problem with the Constitution is the portion of his plan where he wants to ship out persons born in the United States to illegal aliens back to the land of their forebears. The 14th amendment to the U.S. Constitution may have something to say about that.
It reads, in full:
For the purposes of refuting Trump's plan, the main focus is provision one of the amendment. As has been previously discussed, this amendment was part of the "Reconstruction Amendments" that designed how life in the American South would play out. At its core, it was created to ensure that black males, many of whom had previously been slaves, would get a *fair* shot at Constitutional liberties within the United States.
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.2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
It's highly likely that those that passed the amendment did not foresee a time when it would be used to protect illegal aliens and their children. In fact, given the prejudice that existed at the time, it probably wasn't considered because those who would have been in position to become illegal aliens (namely, Mexicans) would not have been considered people. However, the drafters of the amendment did not specifically state that, and so the clause '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' sits there, and gives Constitutional protection to everyone that it applies to.
Now, if Trump were to be elected, it is possible that he might be such a strong leader that he would be able to convince 2/3 of the members of Congress, or the same proportion of states to call for a Constitutional convention to create a new amendment that says that children born to illegal aliens are themselves illegal aliens. That could happen.
Of course, Congress cannot pass an ex post facto law, so the children born to illegal aliens that are already in the country would maintain their citizenship. There's not a legal way around that.
The more dramatic, and certainly harder to swing and connect on solution is that you deport all of the illegal aliens, regardless of whether they have legal, resident children living within the United States. While that's going on, deport all of the other illegal aliens, and especially those that have committed crimes other than breaking our immigration laws. The parents of legal children would have the option of leaving their children behind, or renouncing their child's U.S. citizenship when they return to their native land.
Of course, such a proposal would automatically label you as a *racist*, and make it impossible to accomplish the stated goal. Trump's *plan* may garner him some political points, but the reality is, it can't be done legally.
