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.
How does this work? Aren’t most people citizens because of birthright citizenship?
My ancestors certainly didn’t do the proper paperwork before landing here.
Yes if you aren’t Native American, your family probably gained citizenship through birthright.
You can be a natural born citizen either by being here when born or by being born to a US citizen. The order challenges the former.
I saw people accurately predict that they would hang such an order on the “and subject to the jurisdiction thereof” portion. The argument was predicted to be that a mother on US soil unlawfully is excluded by that clause (though they are clearly subject to the jurisdiction despite being unlawful, this was the guess).
They are trying to push it even further by claiming people here legally also don’t get the right, and there’s not even a hint of rationalization to claim that somehow people legally here are not “subject to the jurisdiction”.
If pregnant women from other countries aren’t under the jurisdiction of the United States I’ve got an idea for the perfect crime
The 14th amendment says:
“All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”
The court has read that as: “All persons born” OR " naturalized in the United States and subject to the jurisdiction thereof".
Trump wants it to read: “All persons born or naturalized in the United States” AND "subject to the jurisdiction thereof "
His take: Anchor babies are not “Subject to the jurisdiction” and thus are not citizens.
That doesn’t clear too much for me. Are you saying that everybody needs to go through the citizenship process and take the citizenship test? I’m not sure what the part about “subject to the jurisdiction thereof” means exactly.
Neither does Trump
All we have to do is ask what happens to a “migrant” baby left at a fire house.
Straight to the state care system?
Oh wow.
We aren’t far from Starship Troopers’ '“Service guarantees citizenship.”
https://www.uscis.gov/military/naturalization-through-military-service
We’re really not.
Right now just being born on US soil automatically makes you a US citizen, regardless of if your parents are or not. It works that way in a lot of countries. I knew a guy in school who’s parents are both British, his mother started giving birth to him on a plane so they did an emergency landing in Cyprus. Due to being born there he has both British and Cypriot citizenship.
This change would stop that happening in the US. Your parents would have to be citizens for you to become one as soon as you’re born.