Earlier today, Judge Andrew Napolitano said that Donald Trump’s immigrant deportation plan, which includes deportation for people born here because their mothers are “here illegally,” 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 reaffirmed his view that Pres. Obama’s immigration executive order was also a violation of the constitution because he “basically created law” from the executive branch. 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, noting that taxes would be required to pay the costs for both defense and prosecution on all these hearings and appeals. “You’re talking about a couple of generations before all these hearings and appeals could be heard.”


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