Judge Nap: Trump's Deportation Vow Is Prohibited By Constitution
Donald Trump laid out some details of his immigration plan in an interview on NBC's "Meet the Press" this weekend.
Trump, who has been criticized in recent weeks for failing to give particulars on his immigration promises, said he will rescind President Obama's executive orders and end birthright citizenship.
As part of it, Trump said he wants to rescind President Obama's executive orders on immigration; deport many of those in the U.S. illegally while providing an expedited return process for "the good ones;" and do away with automatic citizenship for children of illegal immigrants born on U.S. soil.
The Trump campaign said the policy, known as birthright citizenship, is the "biggest magnet" for illegal immigration.
"They have to go," Trump said on NBC's "Meet the Press," of families living in the U.S. illegally and having a child, adding: "What they're doing, they're having a baby. And then all of a sudden, nobody knows ... the baby's here."
Judge Andrew Napolitano explained this morning on "America's Newsroom" what Trump can and cannot do on immigration. He said that Trump's promise to deport children born in America to illegal immigrant mothers is "prohibited by the Constitution."
"The Constitution says very clearly, whoever is born here - no matter the intent of the parent - is a natural-born citizen. He could not change that. Even if he were to change the Constitution, it would not affect people who had already been born here. It would only affect people not yet born here," said Napolitano.
He added that any president can rescind an executive order of a predecessor. But the judge pointed out that every undocumented immigrant that Trump intends to deport would be entitled to a hearing and an appeal.
"That's between 11 and 13 million hearings and appeals. The most the United States has ever conducted in a year is 250,000. So do the math," Napolitano said, adding that the taxpayer would foot the bill for the proceedings, including defense costs.
Watch the judge's full analysis above.