Trump surprise rattles GOP in final stretch

President TrumpDonald John TrumpFeinstein, Iranian foreign minister had dinner amid tensions: report The Hill's Morning Report - Trump says no legislation until Dems end probes Harris readies a Phase 2 as she seeks to rejuvenate campaign MORE’s plan to end birthright citizenship has tossed a grenade into the final stretch of the midterm elections, roiling centrist Republicans and further endangering a House majority already at risk of slipping away.

While Trump’s proposal could boost Senate GOP candidates and earned applause from allies such as Sen. Lindsey GrahamLindsey Olin GrahamThreat of impeachment takes oxygen out of 2019 agenda Graham urges Trump not to abandon infrastructure talks with Democrats Congress, White House near deal on spending, debt limit MORE (R-S.C.), others worry it could hurt the party’s chances in key suburban swing districts — critical territory to retaining the House.

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Trump’s call to change the Constitution via executive order also struck a discordant note with a GOP conference that filed court briefs in a lawsuit against former President Obama’s executive actions on immigration. 

“Well, you obviously cannot do that. You cannot end birthright citizenship with an executive order,” Speaker Paul RyanPaul Davis RyanAmash storm hits Capitol Hill Debate with Donald Trump? Just say no Ex-Trump adviser says GOP needs a better health-care message for 2020 MORE (R-Wis.) told Lexington, Ky., radio station WVLK. “We didn’t like it when Obama tried changing immigration laws via executive action, and obviously as conservatives, we believe in the Constitution.”

Rep. Carlos CurbeloCarlos Luis CurbeloDisinvited GOP lawmaker turns up at Dem hearing Overnight Energy: 2020 rivals rip Biden over expected 'middle ground' climate plan | Dems cancel plans to invite Republican to testify on climate change | House passes .2B disaster aid bill over Trump objections Dems cancel plans to bring in Republican as climate change witness MORE (R-Fla.), who supported immigration reform efforts this summer and is locked in a tough reelection battle in his Miami-area district, blasted Trump over the proposed move.

“Birthright citizenship is protected by the Constitution, so no @realDonaldTrump you can’t end it by executive order,” Curbelo tweeted. “What we really need is broad immigration reform that makes our country more secure and reaffirms our wonderful tradition as a nation of immigrants.”

Trump’s vow seemed aimed at stoking his base, but the reaction from Republicans indicated they are increasingly worried about how the fight to retain their House majority is going.

Rep. Barbara ComstockBarbara Jean ComstockK Street giants scoop up coveted ex-lawmakers GOP lawmaker introduces bill to stop revolving door Ex-lawmakers face new scrutiny over lobbying MORE (Va.), one of the most vulnerable GOP lawmakers, panned Trump’s plan while skirting direct criticism of Trump. Her race is now considered “lean Democratic” by the nonpartisan Cook Political Report, and a Democratic-aligned PAC canceled its remaining $800,000 in scheduled TV ads in a sign of growing confidence.

It’s possible Trump’s proposal could help GOP Senate candidates in states such as North Dakota and Montana, where Republicans are trying to gain seats. But it could be detrimental to other Senate GOP candidates such as Sen. Dean HellerDean Arthur HellerThis week: Barr back in hot seat over Mueller report Trump suggests Heller lost reelection bid because he was 'hostile' during 2016 presidential campaign Trump picks ex-oil lobbyist David Bernhardt for Interior secretary MORE in Nevada or Gov. Rick Scott in Florida. 

Scott, who is in a tight race with Sen. Bill NelsonClarence (Bill) William NelsonRepublicans amp up attacks on Tlaib's Holocaust comments The muscle for digital payment Rubio says hackers penetrated Florida elections systems MORE (D-Fla.), didn’t answer a question about the issue at a news conference Tuesday. His office later sent out a statement saying he needed to fully review the proposal.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellThe Hill's Morning Report - Trump says no legislation until Dems end probes Threat of impeachment takes oxygen out of 2019 agenda Chances for disaster aid deal slip amid immigration fight MORE (R-Ky.) was silent about the issue Tuesday. 

Trump’s proposal is just the latest escalation of his hard-line immigration rhetoric, which has ramped up in the final weeks before Election Day. 

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The president said in an interview with Axios that he planned to have an executive order drafted that would terminate birthright citizenship for babies of noncitizens who are born on U.S. soil. The president said he already ran the idea by his legal counsel and that “it will happen,” though he did not offer a timeline.

“It was always told to me that you needed a constitutional amendment. Guess what? You don’t,” Trump told Axios. 

Some House Republicans accused Trump of hurting his own party with the remarks.

“We all know challenges of suburban R’s,” tweeted retiring Rep. Ryan CostelloRyan Anthony CostellloLobbying world Overnight Energy: Park Service closing Joshua Tree after shutdown damage | Dems deliver trash from parks to White House | Dems offer bills to block offshore drilling | Oil lobby worries about Trump trade fight Ex-GOP Rep. Ryan Costello joins group pushing carbon tax MORE (R-Pa.). “So now POTUS, out of nowhere, brings birthright citizenship up. Besides being basic tenet of America, it’s political malpractice.” 

Trump is barnstorming the country in the final week before the election, but his schedule suggests a focus on the Senate, with stops in Florida, Missouri, Montana, Tennessee and Indiana.

House Republicans fighting to limit their losses are sure to see candidates confronted with questions about their positions on Trump’s birthright citizenship plan, putting centrists in a tough position.

“I believe in the Constitution and don’t think this works,” Rep. Tom ReedThomas (Tom) W. ReedHere are the eight Republicans who voted with Democrats on the Equality Act House approves anti-LGBT discrimination Equality Act Thirty-four GOP members buck Trump on disaster bill MORE (R-N.Y.), co-chairman of the bipartisan Problem Solvers Caucus, said in a statement gently pushing back at Trump. 

“What we need to do is fix the broken border through a wall and technology,” said Reed, whose race is rated as “likely Republican.” 

“At the same time, I appreciate the president trying to solve the problem, but believe the best way is to take action in Congress to secure the border and then leave it to the people on this through a constitutional amendment to address the birthright concern,” he said.

Reed was one of 23 Republicans who signed a discharge petition that would have forced floor action on a series of immigration bills this summer if it had enough signatures. 

The effort was led by centrist Republicans like Curbelo who were worried about their reelection chances, especially after Trump rescinded an Obama-era program protecting immigrants who came to the country illegally as children.

Endangered Rep. Mia LoveLudmya (Mia) LoveCongressional Women's Softball team releases roster The 31 Trump districts that will determine the next House majority Juan Williams: Racial shifts spark fury in Trump and his base MORE (R-Utah), the daughter of Haitian immigrants and one of the discharge petition signers, pushed back against Trump’s proposed executive order.

“I have always opposed Presidential attempts to change immigration law unilaterally,” Love said in a statement. “The Constitution gives Congress, not the President, the power to ‘establish a uniform rule of naturalization’ and the 14th Amendment makes the conditions of citizenship clear: individuals born in this country are citizens. The Executive cannot unilaterally change those facts.”

Another petition backer, Rep. Mario Diaz-BalartMario Rafael Diaz-BalartHere are the eight Republicans who voted with Democrats on the Equality Act House approves anti-LGBT discrimination Equality Act Thirty-four GOP members buck Trump on disaster bill MORE (R-Fla.), also came out against the plan.

“I strongly disagree with the proposed executive order. As a Member of Congress, I take an oath to support the United States Constitution,” Diaz-Balart said in a statement.

Majority Whip Steve ScaliseStephen (Steve) Joseph ScaliseAmash storm hits Capitol Hill Trump hits Amash after congressman doubles down on impeachment talk Trump encouraged Scalise to run for governor in Louisiana: report MORE (R-La.), who is aiming to move up the leadership ladder, expressed openness to the proposal and praised the president for his effort, though he did not weigh in on whether he thinks the plan is constitutional. 

“I’m glad that the president is pursuing all the options that are available to him,” Scalise told Fox News. “I’d like to see us, again, get back to rule of law.”

But top conservatives, including Freedom Caucus Chairman Mark MeadowsMark Randall MeadowsHillicon Valley: Lawmakers seek 'time out' on facial recognition tech | DHS asks cybersecurity staff to volunteer for border help | Judge rules Qualcomm broke antitrust law | Bill calls for 5G national security strategy Lawmakers call for 'time out' on facial recognition tech DeVos family of Michigan ends support for Amash MORE (R-N.C.) and former chairman Rep. Jim JordanJames (Jim) Daniel JordanHillicon Valley: Lawmakers seek 'time out' on facial recognition tech | DHS asks cybersecurity staff to volunteer for border help | Judge rules Qualcomm broke antitrust law | Bill calls for 5G national security strategy Lawmakers call for 'time out' on facial recognition tech Amazon shareholders vote down limits on facial recognition software MORE (R-Ohio), who is running for Speaker, did not weigh in.

In the Senate, Trump’s proposal appeared to receive a warmer reception from some members.

Graham enthusiastically embraced the idea and quickly announced his own plans to introduce similar legislation.

“Finally, a president willing to take on this absurd policy of birthright citizenship,” Graham said in a string of tweets. “I’ve always supported comprehensive immigration reform — and at the same time — the elimination of birthright citizenship.”

Sen. Ted CruzRafael (Ted) Edward CruzJim Carrey fires back at 'Joe McCarthy wanna-be' Cruz Hillicon Valley: Google delays cutting off Huawei | GOP senators split over breaking up big tech | Report finds DNC lagging behind RNC on cybersecurity GOP senators split over antitrust remedies for big tech MORE (R-Texas), who is facing a surprisingly competitive challenge from Rep. Beto O’Rourke (D-Texas), also voiced support for eliminating birthright citizenship.

Cruz told The Dallas Morning News that birthright citizenship encourages people to break the law. 

“Indeed, there’s a practice known as birth tourism, where women who are in their eighth or ninth month of pregnancy come to America on a tourist visa specifically to give birth in the United States,” he said.

Jordain Carney and Scott Wong contributed.