Summary
Donald Trump signed an executive order to challenge birthright citizenship, targeting children of undocumented immigrants born in the U.S.
The order argues against the 14th Amendment, which guarantees citizenship for those born on U.S. soil.
It bars federal agencies from recognizing birthright citizenship and imposes a 30-day waiting period for enforcement.
The order is expected to face significant legal challenges, with critics calling it unconstitutional.
The heritage foundation has an argument prepared for the inevitable supreme court case. I think it’s shit, even for them, but SCOTUS seems like they’ll go along with anything.
Their argument hinges on the phrase “and subject to the jurisdiction there of” claiming that this somehow excludes non-citizens. Accepting this argument would have the weird implication of saying that non-citizens in the US are not subject to the jurisdiction of the US. So… how do other laws apply to them? How could they be charged with working or entering the US illegally?
That clause was targeted at, and is still targeted at, foreign diplomats who have diplomatic immunity. If you can’t be compelled to to pay your parking tickets because you put the little flag on your car, then your babies also don’t get to be Americans. Easy.
If your typical non-little-flag-on-car undocumented immigrants are really “not subject to the jurisdiction,” then how can you arrest them for all of the horrible crimes they are allegedly committing?
The laws don’t have to make sense as long as they’re in power.
Say what you will about Trump, but he sure knows how to get us to learn about the Constitution!
That phase seems to say you have to be solely subject to the jurisdiction of the US. I.e., that you couldn’t also later claim to be a citizen (or subject to laws of) another nation.
At least that’s what an article I read said, which wasn’t written in direct response to this EO.
It doesn’t say solely. If they meant solely they would have written that. It’s very obvious it means if you have to obey the laws then you count. Diplomats with immunity don’t count.
Edit: As further evidence, you’re subject to state laws as well, not just the United States laws.
I can’t see how this would work. The “subject to the jurisdiction thereof” part refers to the children born in the US, not their parents. But don’t quote me on this, I’m not a lawyer.