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President Donald Trump said in an interview posted on Tuesday that he intends to sign an executive order that would terminate birthright citizenships in part of an effort to end "anchor babies" and "chain migration."
Its about time. The 14th Amendment was created to protect the children of emancipated slaves, not create citizens of anyone baby plopped out within our borders. How would you feel if your parents were in the United States on vacation and your mom gave birth and you were stolen from your home country??
Not that Trump gives a damn about the constitution, mind you.
Depends on the interpretation now doesn't it? Yeah it does. It will go to SCOTUS and finally be resolved. It wasn't meant to be used as a citizenship generator for foreigners and everyone knows it but they cheat the system with it.
"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
"All persons born" seems pretty straight-forward. I wonder how those that believe in the 'originalism' viewpoint of the Constitution would interpret this clause? What did they mean by 'All persons born'?
In short, President Trump cannot amend the meaning of the Constitution by executive order. I happen to agree that the Constitution should be amended so that 'anchor babies' (meaning, those whose parents are not US citizens) are not citizens simply due to the fact that they were born within our borders. If one parent is a citizen, fine. If both are not, then no citizenship for the child.
But such can only be by amending the Constitution.
Not that Trump gives a damn about the constitution, mind you.
It may not be. In fact, if it goes to the Supreme Court, they might just as easily find that an executive order is not even necessary. People have argued that by saying "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.", the constitution only grants citizenship to people born here that are “subject to the jurisdiction thereof”.
Illegal aliens dont fall under that category, or at least, the conservative Supreme Court may find that they dont fall under this category.
All we can do is hope.
Until 2 years ago, I worked in a hospital with a lot of birth tourism. I know of several OB/GYNs that advertise in foreign countries. Particularly the countries that they, themselves, are from. It’s amazing how many middle easterners and Asians come here to have an American baby and then fly back to their home countries to raise them. So we have All kinds of American citizens raised by non Americans in countries other than America. The only thing that surprises me, is that we have let this go on for so long.
Depends on the interpretation now doesn't it? Yeah it does. It will go to SCOTUS and finally be resolved. It wasn't meant to be used as a citizenship generator for foreigners and everyone knows it but they cheat the system with it.
Yes. If it goes to the SCOTUS and they set limits on the 14th, that would change things. The EO, by itself, would start out an unConstitutional EO.
Which isn’t such a great idea.
Congress should be tackling this issue.
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