Trump will announce end of birthright citizenship for children of illegal immigrants, officials say

[ThisIsMe]

The equal protection clause covers the legality.

The section of equal protection was written about the states. Notice all of the last part of the first clause was written about the states.

I'm glad you brought this up, because it made me read the 14th amendment again and I noticed something I hadn't seen before, or at least didn't pay attention to.


Let's look at the text:

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.

It's that last sentence I'm honing in on. It might appear that the founders were not intending this to include people here illegally. It would appear residency is required. "Are citizens of the United States AND the state wherein they reside". This would seem to imply they were referring to people already living in the United States, hence, having residency. Someone who crosses the border illegally and has a baby but isn't a resident of any state would, by implication, not be considered, nor would a foreigner here on vacation who just happened to give birth while in the states, but isn't a resident of any state, would also, by implication, not be included.

The next thing that stuck out to me is this:

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

Notice how in this section, they made specific mention to citizens, but in the rest of the clause, they referred to persons. Almost as if only citizens were afforded privileges or immunities, but all people are afforded due process.

Just some things that stuck out to me

 

[Couchpotato]

Tough issue? It's plain man, Trump has directly attacked the constitution just hours after swearing an oath to defend it !!!!!!!

The fact you dimwitted trumpanzees can't see what's going is seriously troubling, the US is turning out to be one of the stupidest countries in the world.

You're all ******* weirdos, stupid too, actually supporting someone like this, WTF has happened to the country I once admired so much...

Hyperbole much?

 

[ThisIsMe]

If the US can enforce its laws on those parents and that baby while they are in the US, those people are subject to the jurisdiction of the US.

This rightard bullshit is hilarious. Fascists in the Federalist Society have been having wet dreams over that one for years.

Where do you get that definition of "jurisdiction"? There are those that would say that "jusrisdicton" means "subject to the authority of"...illegals would be subject to the authority of whatever country they came from. In other words, the united states holds no jurisdiction over them because they are citizens of another country.

 

[Rogue AI]

Not in the slightest. They won't touch it or deny the plaintiffs.

Hardly, they'll say the president is correct and only Congress can change Trump's interpretation. You folks have a crap track record with the 14th.

 

[LuckyDuck01!]

So the ACLU fights to protect "the people" of the United States from violations of their rights by the government as outlined specifically in the Bill of Rights of the U.S. Constitution.

How does that make them "swine"?

What's wrong is when a pregnant foreign national deliberately sneaks into the US, just to give birth on US soil so that the kid is a citizen, for the purpose of getting US benefits.
So, citizenship shouldn't be granted to the kid. Toss them out. If aren't happy with the nation you live in, gather support and change it. That's what our ancestors did when oppressed by the British Monarchy. Only those who enter via proper immigration policies can be allowed to enter. Also, for the next four years, because of Biden's open-door policy, there should be a moratorium on all immigration, even asylum seekers. All those migrants that came from nations south of Mexico, can stay in Mexico for their asylum. They have the same language and can obtain work there.

 

[AZrailwhale]

True or not, they had legal status.




Maybe not but has nothing to do with what I've stated. Illegals do not qualify for housing assistance.

If they have American citizen minor children, the children do and the illegal parents and other family members can live with them AND administer all the government aid they get.

 

[DGS49]

Twenty-two States Sue to Stop Trump’s Birthright Citizenship Order

The lawsuit to block the president’s executive order is the first salvo in what is likely to be a long-running legal fight over immigration policy.

www.nytimes.com

Can you say, "Standing"?

None of the plaintiffs in these cases has standing to sue. Nevertheless, I hope it goes quickly up the ladder of Federal courts. Birthright citizenship is bullshit.]

Unfortunately, all the illegal bastards born before Trump's EO get a free pass.

 

[AZrailwhale]

No there isn't.

It’s been posted here.

 

[pknopp]

If they have American citizen minor children, the children do and the illegal parents and other family members can live with them AND administer all the government aid they get.

I posted the law. They do not.

 

[JoeB131]

Three years ago I would have agreed with you. Now blue states are being bankrupted by the massive wave of illegals and faux asylum seekers the Biden\Harris Administration allowed unchecked into the country. I think the taxpayers in those blue states just might have changed their minds.

Nope. In fact, most Americans still favor a path to citizenship for undocumented aliens despite all Trump's fearmongering about pets being eaten.

What's the point of creating a sovereign nation, citizenship,and borders if everyone could so easily bypass all of it? By allowing anyone and everyone into the country this way, what is the point of citizenship? If our rights,laws, and benefits apply to everyone who can illegally cross our borders, then why even have citizenship at all?

You see, the thing was, when the 14th Amendment was passed, there was no distinction on immigrants. You basically got here, you were in. They only started trying to restrict immigration when a bunch of Chinese people started showing up, with first the Page Amendment (which excluded bringing Chinese women over) and then the Chinese exclusion Act. That's the whole reason why this issue was tested under US v. Wong.

 

[Moonglow]

Twenty-two States Sue to Stop Trump’s Birthright Citizenship Order

The lawsuit to block the president’s executive order is the first salvo in what is likely to be a long-running legal fight over immigration policy.

www.nytimes.com

Can you say, "Standing"?

None of the plaintiffs in these cases has standing to sue. Nevertheless, I hope it goes quickly up the ladder of Federal courts. Birthright citizenship is bullshit.]

Unfortunately, all the illegal bastards born before Trump's EO get a free pass.

They will still get a free pass after the EO since the courts will nullify it.

 

[JohnDB]

Eo citizenship is just a repeat of existing law.

 

[IM2]

Twenty-two States Sue to Stop Trump’s Birthright Citizenship Order

The lawsuit to block the president’s executive order is the first salvo in what is likely to be a long-running legal fight over immigration policy.

www.nytimes.com

Can you say, "Standing"?

None of the plaintiffs in these cases has standing to sue. Nevertheless, I hope it goes quickly up the ladder of Federal courts. Birthright citizenship is bullshit.]

Unfortunately, all the illegal bastards born before Trump's EO get a free pass.

This is a constitutional matter. It's no different than the Second Amendment you guys have hissy fits over after a mass shooting. All these plaintiffs have serious standing to sue on and if the Supreme court is right, this executive order will die.

 

[Mac-7]

Not on key points of constitutional law that have 125 years of precedence behind them.

Any point of law

The Constitution means whatever at least 5 lawyers on the SC say it means

 

[Mac-7]

Nope. In fact, most Americans still favor a path to citizenship for undocumented aliens despite all Trump's fearmongering about pets being eaten.

I dont think so

Illegal aliens may be granted permanent residency but do not deserve citizenship

 

[AZrailwhale]

Yes they do. The children are American citizens with full rights to all welfare benefits. What do you think happens, do the infants, toddlers or grade school kids get to control the money they get?

 

[John Edgar Slow Horses]

Not on established, clearly defined law.

So by that logic, you'd be okay if the Courts suddenly decided that the Second Amendment is about militias and not gun ownership?

Most of America would be thrilled.

 

[JoeB131]

Eo citizenship is just a repeat of existing law.

View attachment 1069000

The problem is that's not what they put in the Amendment.

They specifically stated that all persons born in the US are citizens



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.

 

[JoeB131]

Any point of law

The Constitution means whatever at least 5 lawyers on the SC say it means

Except they have to be able to justify it in the text of the constitution, that's the problem.

They can't pretend it doesn't say things it clearly says.

While Barrett, Roberts, Gorsuch and Rapey Kavanaugh are political whores, they aren't idiots.

Alito and Thomas are Political Whores AND idiots.

 

[Carl in Michigan]

I don't think you can change the constitution by EO.

You can challenge a faulty INTERPRETATION. We'll see how this plays out