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Trump surprise rattles GOP in final stretch

President TrumpDonald John TrumpGiuliani goes off on Fox Business host after she compares him to Christopher Steele Trump looks to shore up support in Nebraska NYT: Trump had 7 million in debt mostly tied to Chicago project forgiven 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 GrahamNew Lincoln Project ad goes after Lindsey Graham: 'A political parasite' The Hill's Morning Report - Sponsored by Facebook - Justice Barrett joins court; one week until Election Day Biden's polling lead over Trump looks more comfortable than Clinton's 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 RyanMcCarthy faces pushback from anxious Republicans over interview comments Pelosi and Trump go a full year without speaking Jordan vows to back McCarthy as leader even if House loses more GOP seats 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 CurbeloThe Memo: Trump furor stokes fears of unrest GOP wants more vision, policy from Trump at convention Mucarsel-Powell, Giménez to battle for Florida swing district 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 ComstockLive coverage: House holds third day of public impeachment hearings Gun debate raises stakes in battle for Virginia legislature Progressives face steep odds in ousting incumbent Democrats 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 HellerOn The Trail: Democrats plan to hammer Trump on Social Security, Medicare Lobbying World Democrats spend big to put Senate in play MORE in Nevada or Gov. Rick Scott in Florida. 

Scott, who is in a tight race with Sen. Bill NelsonClarence (Bill) William NelsonSenate Democrats want to avoid Kavanaugh 2.0 Democrats sound alarm on possible election chaos Trump, facing trouble in Florida, goes all in 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 McConnellBitter fight over Barrett fuels calls to nix filibuster, expand court Trump blasts Obama speech for Biden as 'fake' after Obama hits Trump's tax payments White House hoping for COVID-19 relief deal 'within weeks': spokeswoman 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 CostellloBottom Line Trump struggles to stay on script, frustrating GOP again Bottom line 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. ReedAn investment in R&D is an investment in America's future Pelosi and Trump go a full year without speaking Trump fuels and frustrates COVID-19 relief talks 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) LovePoll: McAdams neck and neck with GOP challenger in Utah Former NFL player Burgess Owens wins Utah GOP primary The Hill's Campaign Report: The political heavyweights in Tuesday's primary fights 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-BalartMichigan Republican isolating after positive coronavirus test GOP Rep. Mike Bost tests positive for COVID-19 Democratic Rep. Carbajal tests positive for COVID-19 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 ScaliseMcCarthy faces pushback from anxious Republicans over interview comments Jordan vows to back McCarthy as leader even if House loses more GOP seats Cedric Richmond's next move: 'Sky's the limit' if Biden wins 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 MeadowsWhite House science office says Trump ended COVID-19 pandemic as US hits record cases Obama rips Trump's pandemic response: 'He's jealous of COVID's media coverage' The Hill's Morning Report - Sponsored by Facebook - Justice Barrett joins court; one week until Election Day MORE (R-N.C.) and former chairman Rep. Jim JordanJames (Jim) Daniel JordanHouse Judiciary Republicans mockingly tweet 'Happy Birthday' to Hillary Clinton after Barrett confirmation Sunday shows preview: Trump, Biden gear up for final sprint to Election Day McCarthy faces pushback from anxious Republicans over interview comments 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 CruzIn partisan slugfest, can Chip Roy overcome Trump troubles? Cruz: Hunter Biden attacks don't move 'a single voter' GOP clears key hurdle on Barrett's Supreme Court nomination, setting up Monday confirmation 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.