Summary
The ACLU filed a federal lawsuit challenging President Trump’s executive order to deny citizenship to children born in the U.S. if their parents are unlawfully present or have temporary legal status.
The order, set to take effect in 30 days, conflicts with the 14th Amendment, which guarantees birthright citizenship, upheld by the Supreme Court in 1898.
Critics argue the order creates a “subclass” of noncitizens, undermining fairness and equality.
The lawsuit seeks to block the order, which also directs agencies to stop issuing passports and recognizing affected children as citizens.
Here’s how Trump plans on ending birthright citizenship:
14th Amendment: “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.”
Trump’s argument:
If someone is not here legally, then the phrase “subject to the jurisdiction thereof” doesn’t apply to them. Their kids aren’t citizens.
I guess now he has to explain how he can deport people who aren’t “subject to the jurisdiction”.
This is contradictory of itself, because everyone inside the US is subject to it’s jurisdiction. If this argument is true, then non-citizens (even visitors) would not be subject to US laws writ large. You can’t pick and choose at your convenience. It’s a stupid argument.
Oh but he can and will. Who will stop him?
You can’t introduce contradictory laws and them de facto to effect.
He is also not personally going to be doing any of this, which means others will, and will be subject to the courts if they break the law. There are still federal judges and courts in this country, regardless of what SCROTUS seems to think.
You can’t introduce contradictory laws and them de facto to effect.
Laws, schmaws.
He is also not personally going to be doing any of this, which means others will, and will be subject to the courts if they break the law.
Trump pardoned 1500+ violent insurrectionists yesterday.
There are still federal judges and courts in this country, regardless of what SCROTUS seems to think.
Judge shop until you hit on another Aileen Cannon.
You can do whatever the fuck you want if you think you are in charge. Not saying there won’t be consequences but following laws hasn’t really been this dudes MO.
Not saying there won’t be consequences …
There won’t be consequences. There, I said it.
Well, except diplomats or foreign heads of state. That’s the point of the language. A queen can’t birth a prince here and he be eligible for the presidency down the road.
I wonder how many times Trump will be impeached over his next 8 years?
Lawsuits don’t matter. Nothing matters anymore. We are fucked. We are literally all going to get fucking killed by a fascist leader. It’s over.
I know several Hispanic folks that voted for this asshat. Tokens get spent I guess.
I think it was an andrew callaghan interview where a trump supporter smirked and shrugged at trumps threats of mass deportations and just said ‘I’m birthright’
Wonder if he’s still smirking and shrugging.
- Step 1: Reinterpret the 14th Amendment so tens of thousands of immigrants lose their citizenship
- Step 2: Mass deportation
- Step 1: Reinterpret the 14th Amendment so hundreds of thousands of immigrants lose their citizenship
- Step 2: Mass deportation
Critics argue the order creates a “subclass” of noncitizens, undermining fairness and equality. ??? Its literally unconstitutional. It directly says to not follow a specific part of the constitution. I would think that would be critique one. Its a non starter. No agency should follow it with a memo stating its unconstitutional nature that they send back to the requesting person or body who sent it down (who should not of but instead do the same thing)
Did you just wake up from a 4 year nap?
what unconstitutional things have went in the last four years not part of the courts (who unfortunately can virtually change it do to their interpretation power)
If you have to qualify with not part of the one of the three branches of government, your argument doesn’t really hold.
the courts are that way because of letting the republicans hold office!!! Who knows how conservative the courts will get in the next four years of appointments. It completely holds.
The point being made is that “unconstitutional” doesn’t exist for Republicans anymore. Since the court decides what is and isn’t constitutional and they’ve given up any attempt at appearing not to be partisan hacks, what the Constitution says doesn’t matter.
ah. I see to much. dur dur. this is the democrats fault because they were not enough better than republicans. even though I personally think they are light years apart. I mean mostly because of how bad republicans are nowadays but still. so I took the comment to be like biden was all unconstitutional and I was like. WHAT!
It wasn’t to blame Democrats. Amy Coney Barrett and the make-up of SCOTUS just changed roughly 4 years ago.
This is probably a good time to remind everyone to donate (if you have the means) to the ACLU and other groups fighting the good fight.
I struggle with this. I would under most circumstances agree and I get that we should be kicking and screaming as this happens. I just don’t know if even completely bank rolling the ACLU will help.
Not going to pretend to have the best legal understanding but doesn’t this eventually bubble up to the supreme court who will likely side with this current administration?
Unfortunately, our main recourse is a protest. Not a typical protest either. We need to have any citizen against this current administration to stop participating in consumerism. Buy the essentials, do whatever you need to do to survive, but stop there. No Prime day spending. No Super Bowl spending. No Memorial Day or Labor Day spending. Do this until all stocks tank. This will get the attention we want.
In his first term, Trump had the lowest win rate at the supreme Court of any president since FDR.
But what are the numbers behind those percentages? Did Trump just throw more at the wall to see what would stick?
I agree with him. We should make every person, no matter if they were born here and no matter how long someone has been alive, take a citizenship test, and if you can’t pass it, you get deported. Since they will no longer be a citizen of any country, just float them on a barge out at sea. I don’t care if you’re 90 years old, and your family history dates back to the mayflower. You get tested, and if you fail, you get set adrift. I hope I can pass that test.
just float them on a barge out at sea
I hope I can pass that test.
I hope this is hyperbole.
I want everything I say from now on to be hyperbole. Sarcastic disgusting telling it like it is hyperbolic metaphor. Oozing with contempt. Spiteful contempt.
I’d emigrate right now based on your comment if it were actually allowed. Where do you think American citizens should go if their citizenship is revoked?
He just said, barge, adrift, at sea
That sounds lovely. Do they have universal healthcare on the barge?
Yes, but you won’t like it at all.
[heaves the body overboard]
This can’t be changed by executive order. Only a constitutional amendment can end birthright citizenship. There’s no debate there. If the supreme court were to side with Trump on this, it would only delegitimize it even further.
Now, I think the usefulness of the 14th amendment has long run its course. Granting citizenship to slaves has not been an issue in more than a century.
Most countries in European, Asia, and Africa follow jus sanguinis to grant citizenship. I do not think a mother who has no ties to America should be able to award citizenship to their children for the mere presence in the country during birth.
Again, no executive order nor law from congress is the answer. But I do believe there is merit in debating this issue.
Congress denied Obama’s SCOTUS pick, Trump rushed through several judges, and now Trump’s signing executive orders prompting the SCOTUS to reinterpret the Constitution. Even if you agree with Trump this sets an incredibly bad precedent.
Supreme Court: Actually, you know that part of the Constitution that says “the”? Well we’ve decided what the founders really meant there was that trump can do whatever he wants, and you can’t do anything about it. Also, you’re all going to jail for getting uppity.
This can’t be changed by executive order. Only a constitutional amendment can end birthright citizenship. There’s no debate there. If the supreme court were to side with Trump on this, it would only delegitimize it even further.
I think it’s pretty clear they don’t care anymore. They have power, they’ve done what they need for the Republicans to stay in power forever, so they can stop pretending to be impartial and just rubber-stamp every conservative wet dream while thumbing their noses at the American people and saying “what are you doing to do about it, losers?”
By the time people realized democracy is gone it will be too late.
