Invading enemy soldiers are not born in the United States. That’s the other important part of the sentence. I don’t think the major issue is pregnant invading soldiers. To be clear, what I meant is that if you have embassy staff with diplomatic immunity and they have kids while in the US, those children do not get birthright citizenship, because as children of diplomats, they are not subject to the jurisdiction of the United States.
If they’re not subject to the jurisdiction of the United States, then they can’t arrest them. That language is clearly meant to exclude diplomats.
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?”
They think lots of stupid illogical things. But here in the real world, immigrants are not soldiers, and they’re not ever treated as soldiers by the legal system, so they are, in fact under the jurisdiction of the United States.
Yet another case of Shroedinger’s immigrants. They are simultaneously fleeing their “s***hole” home country for purely economic reasons (not political oppression) while being so loyal to their home country that they will spend their entire lives raising children in a country they are invading.