President-elect Donald Trump was interviewed for the edition of NBC News’ “Meet the Press with Kristen Welker” that aired on Sunday, Dec. 8, 2024. (Photo courtesy of NBC News)

WASHINGTON — President-elect Donald Trump vowed to sign an executive order on his first day in office to end the constitutional right to U.S. citizenship for anyone born in the country, during an extensive Sunday interview on NBC’s “Meet the Press with Kristen Welker.”

But Trump also admitted there would be legal hurdles to carrying out his policy goal of amending the 14th Amendment. Many constitutional legal scholars have argued that Trump could not halt what is known as birthright citizenship through an executive order.

“We have to end it,” Trump told Welker. “We’re going to end that because it’s ridiculous.”

On other immigration topics, he said he is willing to make a deal with Democrats on keeping so-called Dreamers in the U.S., and he supports deporting entire families in his mass deportation plans, even if the children themselves are U.S. citizens.

But some of his most extensive comments were on birthright citizenship. “We’re gonna have to get it changed,” Trump said of the 14th Amendment.

Ratified in 1868

The U.S. Constitution’s 14th Amendment was ratified in 1868 and guarantees U.S. citizenship to anyone born in the country.

“All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” according to the 14th Amendment.

Trump said that he will try to end birthright citizenship through an executive order, “if we can.”

Experts take issue. “There is today no serious scholarly debate about whether a president can, through executive action, contradict the Supreme Court’s long-standing and consistent interpretation of the Citizenship Clause of the 14th Amendment,” Gerald Neuman, director of the human rights program at Harvard Law School, said in a statement in 2018 along with a group of constitutional law scholars.

Two-thirds of both the U.S. House and Senate would be required to vote to approve an amendment changing the Constitution, and three-fourths of state legislatures would have to ratify such an amendment for it to take effect. A convention could also be called by two-thirds of state legislatures.

While Republicans are set to control both chambers by January, it’s not by a margin of two-thirds.

During the interview, Trump also inaccurately claimed that the United States is the only country in the world that has birthright citizenship. More than a dozen countries bestow birthright citizenship, from Canada to Brazil.

Some countries have birthright citizenship, but with restrictions, such as France, which requires at least one parent be a citizen in order for the child to obtain citizenship.

A branch extended to Dreamers

Welker asked Trump what his plans are for the Dreamers, the more than 500,000 people in the Deferred Action for Childhood Arrivals program that he tried to end during his first administration. The DACA program is currently waiting for a federal court to decide its legal fate.

“These are people that have been brought here at a very young age and many of these are middle-aged people now, they don’t even speak the language of their country,” he said.

Trump said that he would “work with the Democrats on a plan,” but did not elaborate on any details.

Welker asked Trump about his mass deportation plans, a campaign pledge to deport millions of undocumented people, and how that would affect the more than 4 million mixed-status families, meaning families with different immigration statuses.

“I don’t want to be breaking up families,” Trump said. “So the only way you don’t break up the family is you keep them together and you have to send them all back.”

Welker asked if that included, “even kids who are here legally?”

“Whatcha gonna do if they want to stay with the father?” Trump said. “We have to have rules and regulations.”

Trump did not answer repeated questions as to whether he would bring back one of his harshest immigration policies, known as family separation, that separated parents from their children at the border. While most have been reunited, there are still about a quarter of children who are not with their parents.

“We don’t have to separate families,” Trump said. “We’ll send the whole family very humanely, back to the country where they came.”

People demonstrate and call out words of encouragement to detainees held inside the Metropolitan Detention Center after marching to decry Trump administration immigration and refugee policies on June 30, 2018 in Los Angeles, California. (Photo by David McNew/Getty Images)

WASHINGTON —Top advisers to the Kamala Harris presidential campaign held a Wednesday press conference including children who were separated from their parents under the highly criticized Trump administration immigration policy, as a warning of what a second term under the former president could bring for the Latino community.

The press conference in Doral, Florida, came ahead of a late Wednesday Univision town hall at which GOP presidential nominee Donald Trump will talk with undecided Latino voters.

Four children at the press conference recounted stories of being separated from a parent by immigration officials during the Trump administration and the lasting trauma it caused. Their full names and ages were not provided by the campaign.

With 20 days until Nov. 5 and early voting underway in many states, both campaigns have tried to court Latino voters, as they are the second-largest group of eligible voters.

“The Latino vote will decide this election,” Democratic Texas U.S. Rep. Veronica Escobar, who serves as co-chair for the Harris campaign, said at the press conference.

Harris campaign spokesperson Kevin Munoz said that for the next 20 days, Democrats will continue to reach out to Latinos and stress “the threat that Donald Trump is to Latino communities everywhere.”

Harris looks for Latino support

The 2024 presidential election is essentially a dead heat between Harris and Trump. Latino voter preferences largely resemble the 2020 presidential election, when President Joe Biden defeated Trump 61% to 36% in earning the Latino vote, according to the Pew Research Center. 

Harris, the Democratic nominee, currently has a smaller lead over Trump with Latinos, 57% to 39%, according to the Pew Research Center.

Escobar warned what a second Trump administration could bring to the Latino community.

“I hear a lot of Latinos who say that they want to vote for Donald Trump, that they appreciate some of his policies,” she said.

Escobar said that Trump has not only promised to carry out mass deportations, but go after pathways to legal immigration. She argued that architects of some of the former president’s harshest immigration policies are top level advisers, like Stephen Miller, who has proposed eliminating legal immigration like humanitarian parole programs and Temporary Protected Status.

Miller has also proposed a program to strip naturalized citizens of their U.S. citizenship — an initiative that Miller said would be “turbocharged” under a second Trump administration.

“For Latinos who think that when Donald Trump insults immigrants, or when he talks about mass deportation that you’re thinking he’s talking about somebody else, oh no, no, he’s talking about you,” Escobar, who represents the border town of El Paso, said.

Escobar said there would be no guardrails for a second Trump administration and programs like family separation could be implemented. The separation occurred at the border as asylum-seeking parents were put into criminal detention and sometimes deported.

“These kids who have lived through horrific trauma, through the pain of being separated from their parents, what you heard from them moments ago will be far worse if Trump gets a second term,” she said. “In Donald Trump’s first term, he had people around him who actually tried to stop him. In a second term, not only will those guardrails not exist, but those people who were there to stop him in the first place are long gone.”

Trump has declined to say whether he would resume family separations if given a second term, also known as the zero-tolerance policy.

“Well, when you have that policy, people don’t come. If a family hears that they’re going to be separated, they love their family. They don’t come. So I know it sounds harsh,” Trump said during a CNN town hall in May 2023. 

Escobar said that she is hoping that at Wednesday night’s town hall, Trump will be pressed on whether he would reimplement his family separation policy.

The Biden administration established a task force to reunite the 3,881 children who were separated from their families from 2017 to 2021.

The Department of Homeland Security has reunited about 74% of those families, but there are still 998 children who have not been reunited.