>> Trump's executive order to end birthright citizenship is now facing multiple legal hurdles.

federal judge in Seattle temporarily blocked Trump's order today calling it blatantly unconstitutional to order limit citizenship to children with at least one parent who is a citizen or permanent resident.

22 states including Illinois, have sue Trump's administration saying the order violates the 14th Amendment.

Joining us to discuss the move, our chalk talk.

And then this chairman of the Chicago Republican Party and a former detective with the Chicago Police Department and then Yuhnke a communications director at the ACLU of Illinois.

Thank you both for joining us.

There's a lot to talk about really now.

Ed has mentioned a judge has temporarily blocked Trump's plan to end birthright citizenship, calling it unconstitutional.

Can you explain what this means?

What it means is use this order which was reckless and we believe unconstitutional cannot go into effect until it's been litigated and and seen its way through the courts.

that's what we anticipated given the fact that what the new president tried to do was to rewrite the Constitution for the first time in a century and a half.

>> Just by the stroke of a pen.

so they'll be a chance to make the arguments around this.

Now and block this from going into effect in a way that would hurt a number of different people and should bring you and what are your thoughts on this executive order being blocked?

Yeah, I think this was anticipated, of course, >> honestly, this is the most controversial of the 200 executive orders that the president has sign.

So we expected that this would go to court immediately.

Ultimately we see this going to the Supreme Court and I believe Donald Trump and his administration is going to win on this.

>> And Chuck, why do you support Trump's decision to end birthright citizenship?

Well, you know, it shouldn't be just automatic.

When you look at citizenship, the 14th, Amendment's citizenship clause is clear.

It's not only being born on U.S. soil, but it's also not having juror jurisdiction to another.

Country.

So if you're a foreign person from another country, you should not be automatically granted citizenship to United States.

People are using this to exploit our immigration system.

And if Trump's executive order was to pass, will kind of major impact with this half?

>> Well, it would have an incredible impact thousands of of children, for example, that are born each year in the United States.

It would literally render many of those children stateless.

Let me say with all due respect to chalk and Donald Trump who may have spent a lot of time in a courtroom, but he's not a constitutional scholar.

The argument that Chuck makes about this right was actually debated in the 18 60's when this was actually adopted in over to overturn the Dred Scott decision.

So the idea that somehow a president who was elected with one of the smallest margins of victory in the 21st century suddenly has the power to reverse 150 years of history and harm people and make them stateless.

In the meantime, is just an absurdity that we didn't elect the cane.

We elected a president and presidents don't change the Constitution by themselves talking about the Constitution.

As we know at the heart of this issue is the 14 amendment just talked about and how we should be interpreted.

Immigrant advocates are saying that the 14 amendment protects birthright citizenship and there have to be a process to change that.

>> can you tell us more about this?

Yeah, so the Constitution can be changed again.

The 14th Amendment was adopted because in the wake of the Dred Scott decision, it was determined that a simply passing a statute which have been passed to previously was not enough to assure that the right of birthright citizenship would be guaranteed in the United States.

And so the specific language of the 14th Amendment was debated and adopted in Congress.

And then by the several states, the same process could change it, but it can't be changed by an executive order.

It's simply not the way we change the Constitution.

You view this took absolutely wrong >> and the reason why he's wrong is it's a matter of interpretation.

He doesn't have to change the law.

The 14th Amendment citizen, click laws is exactly as it reads.

It's a matter of interpretation and it was interpret hated for many, many years as people who were here, they were foreigners.

Their children were not U.S. Citizens are given example.

Hold on to say what we dislike.

Not give example.

I'm Mexican American.

That's my heritage that were Mexicans here in the 20's and are working.

He's the type of program when the Great Depression hit, they were repatriated back to Mexico along with their children that were born on U.S. soil.

They were given U.S. citizenship.

And that was understand a bold.

Everybody in the U.S. 3, their registers in 18, 98 Supreme Court case in which this question was clearly decided.

>> I'm not sure what the references here.

This is a friend's legal theory that's been advanced by people like John Eastman who the last we heard before he was disbarred with suggesting that the vice president, the United States could overturn an election.

This is a theory that nobody believes to be true.

And we've operated under this system for 150 years.

We can't change it in a single moment like this and dangerous and reckless.

I want to talk about some numbers.

Illinois joined 3 other states suing Trump over this executive order.

According to the locks lawsuit, it says in Illinois in 2020 alone.

>> There are approximately 9,100 United States citizen children born to mothers who lack legal status and approximately 5,200 United States citizen children born to 2 parents who lack legal status.

Chuck, what about mix families makes that is families who are now impacted because of this possible new law.

>> Well, what you people that are coming here for birth tourism?

They're coming into our country just to have that the child here to obtain U.S. citizenship for their child.

That is wrong.

There are visitors to our country there.

Welcome as a visitor.

But their child should not obtain legal citizenship automatically.

It was.

This man going to go all the way to the Supreme Court and there are legal scholars on both sides.

I do believe that Trump is going to win on this one.

do think this is going to pass.

I don't think it will pass muster even with the Supreme Court.

>> Let me just say the idea of birth tourism is something that's a myth.

Like like people leaving pets in Springfield, Ohio.

This isn't something that happens.

These are people who are here who are contributing to society and have children live lives along the way.

This would just harm those children.

We're also harm like, for example, as we know, there's thousands of people who are living here who've been living here, maybe for more than 2030, years.

>> What that impact their families in case that they want to have children live full what Happes?

Absolutely.

And it would it would.

Again, it would further divide families in the mixed status families that it would further divide families where >> that you may have had 2 children who previously or United States citizen yet citizens.

You have a 3rd child that citizen, that child is suddenly not and is literally state lists that this isn't the way too, you know, Foster either a good immigration policy or candidly to foster a good economy and similar question to Chuck, what about for those people who have been living here for 2030 years waiting to get their citizenship and they're kind of in limbo.

You know, what do you what about those families?

Yeah, there.

>> You don't have anything to fear if you're if you're following along, you're doing things right, right.

If you're here illegally, then yeah, we have a problem.

And sold.

The Trump administration is going to enforce immigration law.

That's what he ran and that's what want.

And that's what the American people voted for overwhelmingly.

And each trying to say and try to seal close election was not a close election.

He won all 7 swing states.

He won the popular vote.

Get over it at your You know, I mean, it the president, but he did.

He won by less than he lost in 2020 and he's never knowledge last.

I don't know where the mandate is quite candidly.

>> You know, I want to say we talked about a bit about this.

There are some who say the birthright citizenship provides ways for immigrants to come into the country and have children who will get them legal status.

And you know what?

Your response to that?

I the idea of birth tourism or the idea that they that there's some sort of tanker that's created by that I think belies the reality for people who come here, who are working, who meet someone who have a child.

>> You know, that's the that's the way life works in general.

And I think, again, making these children pawns in that in the game of immigration being tough on immigration is just something that we shouldn't be doing.

And Chuck, you think that's accurate?

Birthright citizenship being abused?

The S I think it's being abused.

That's being exploited.

And I congratulate Donald Trump.

Not only did he win.

>> But he from day one.

He is taking on tough subjects like this.

He has the courage to do it.

He sees that this is a question out there any saying let's put this out He knows it's going to go to the Supreme Court.

And I believe he's on.

He's on good ground and he's going to win any final Know?

I think I think ultimately we'll see this struck down and, you