There are parts of Republican presidential hopeful Donald Trump’s newly unveiled immigration plan that don’t quite work with the Constitution, according to Judge Andrew Napolitano.
Speaking to Fox News’ “American Newsroom” on Monday, Napolitano said that while some of Trump’s promises on immigration would be easy for the real estate mogul to implement if he became president, other aspects of his proposal would prove to be more problematic – with some initiatives even requiring a constitutional amendment.
Describing automatic citizenship for children born to illegal aliens as “the biggest magnet” for illegal immigration, Trump has promised to deport not only individuals who come to the country illegally, but also their U.S. born children.
Napolitano said that unlike some other promises – such as rescinding Obama’s executive orders granting amnesty to certain illegals – Trump’s plan to bring an end to the policy known as “birthright citizenship” doesn’t quite pass constitutional muster.
“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,” said Napolitano, adding that even a constitutional amendment would only impact policy moving forward, leaving millions of U.S. born children legally protected from deportation.
Describing parts of Trump’s plan as “unconstitutional and impractical,” Napolitano explained that deporting U.S. born children wasn’t the only problem he saw. While Trump has vowed to deport illegal immigrants and allow for “the good ones” to reapply for citizenship, Napolitano says the logistics alone might make such an effort impossible.
“Every immigrant that Trump wants to deport would be entitled to a hearing, and an appeal,” he said. “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.”
Additionally, taxpayers would be stuck with the bill for those millions of hearings, making the cost of the proposal more expensive than advertised, according to Napolitano.