Trump claims he can end birthright citizenship

Trump's vow to end the right to citizenship for the children of non-citizens and unauthorized immigrants born on U.S. soil came in an interview with Axios released Tuesday. Such a step would be regarded as an affront to the Constitution, which was amended 150 years ago to include the words: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States."

Trump did not say when he would sign the order, and some of his past promises to use executive action have gone unfulfilled. But whether he follows through on his threat or not, the issue joins a string of actions intended to thrust the matter of immigration into the front of voters' minds as they head to polls next week.

A day earlier, the president vowed in an interview on Fox News to construct tent cities to house migrants traveling through Mexico to the U.S. southern border. His administration announced the deployment of 5,200 troops to protect the frontier as the "caravan" continues to advance – though it is still weeks, if not months, from reaching the U.S. border. He also has warned of an "invasion" of undocumented immigrants if the border isn't sealed with a wall.

Trump considers closing southern border to migrants

Still, the threat of ending birthright citizenship amounts to another escalation in Trump's hard-line approach to immigration, which has become his signature issue.

"We're the only country in the world where a person comes in, has a baby, and the baby is essentially a citizen of the United States for 85 years, with all of those benefits," Trump said in an interview for "Axios on HBO."

Several other countries, including Canada, have a policy of birthright citizenship, according to an analysis by the Center for Immigration Studies, which advocates for reducing immigration.

"It's ridiculous. It's ridiculous, and it has to end," he continued.

The step would immediately be challenged in court. Some of Trump's previous immigration executive orders, including an attempt to bar entry to citizens from some Muslim-majority countries, came under legal scrutiny after a chaotic drafting process. At the same time, the president has derided his predecessor, former President Barack Obama, for taking executive actions to block some young undocumented immigrants from deportation, a step Trump said was a presidential overstep.

The American Civil Liberties Union slammed Trump's proposal Tuesday morning.

"The president cannot erase the Constitution with an executive order, and the 14th Amendment's citizenship guarantee is clear," said Omar Jadwat, director of the ACLU's Immigrants' Rights Project. "This is a transparent and blatantly unconstitutional attempt to sow division and fan the flames of anti-immigrant hatred in the days ahead of the midterms."

"It’s just another blow in a time where there are a lot of policies coming out of the White House that are divisive and unwelcoming," said Ellen Andrews, North Carolina director for Church World Service, which works with immigrants and refugees.

"Birthright citizenship is guaranteed under the Constitution. The issue that we really need to focus on here is this idea of just eradicating a piece of the Constitution," Andrews said. "A baby who is born doesn’t necessarily know either way, but if we afford birthright citizenship to some people, we should afford it to everyone."

Soni Muragidi, a refugee from the Democratic Republic of Congo, recently became a U.S. citizen and voted for the first time on Tuesday. But his 4-year-old daughter was born in the U.S. before he had citizenship and would be affected by Trump's proposal.

"My child was born here. That’s the only country she calls home," Muragidi said. "If she doesn’t have the right to be a citizen, then she has no right to be a citizen of another country because she wasn’t born from there."

Juana Delgadillo, a 19-year-old student at Durham Technical Community College, also calls the proposal unfair. She was born in the U.S. but her parents came to the U.S. from Mexico illegally.

"I went to school. I’m currently still in school. I got my driver’s license. I’m registered to vote. I’m voting. I’ve shown that I have everything that’s needed to be a citizen here," Delgadillo said.

Eliazar Posada, community engagement and advocacy manager at El Centro Hispano, said people don't come to the U.S. to obtain citizenship.

"They leave their country as a last resort. They’re here because they don’t feel safe. They’re here because their families are in need," Posada said. "People aren’t getting pregnant and then coming into the country just to have a kid. That’s ridiculous."

The White House did not provide additional details of the planned executive order on Tuesday morning.

"It was always told to me that you needed a constitutional amendment. Guess what? You don't," he said, adding that he has run it by his counsel. "You can definitely do it with an act of Congress. But now they're saying I can do it just with an executive order."

The president didn't provide any details of his plan, but he said that "it's in the process. It'll happen."

The interview is a part of "Axios on HBO," a new four-part documentary series debuting on HBO this Sunday, according to the news site.