Birthright citizenship

[EatBulaga 411]

https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/

 

With all the speculations about the revoking of birthright citizenship order of the 14th Amendment, the above link has the actual verbiage.

 

Does anyone have any ideas about the interpretation or how this will affect the current USCIS policies?

Edited January 22 by EatBulaga

[Demise 1,354]

I doubt it'd hold up in court. US v. Wong Kim Ark (1898) listed the few exceptions to the 14th amendment (born to foreign diplomats, born to hostile foreign soldiers, born to native tribes, born on foreign ships in US waters). Birthright citizenship (at least for white people) was also the law on the books in many states since national citizenship wasn't exactly a thing prior to the 14th amendment (congress had the power to institute a uniform rule of naturalization, but the implementation was up to the states).

 

Wong happened after the Chinese Exclusion Act and while his parents were grandfathered due to coming to US prior to the act's passage, illegal immigration happens basically as long as there's any kind of immigration controls and there likely were at least some Chinese people who stowed away on ships or entered with fake papers and the court failed to exclude their children from citizenship in the opinion.

 

Hinging it all on "and subject to jurisdiction thereof" would also have a comical outcome if you were to claim that undocumented immigrants aren't bound by US law and enjoy basically diplomatic immunity.

 

Like I don't expect any of the appellate courts to rule that this EO is any good, I don't expect the Supreme Court to take it up unless there's a circuit split, I don't expect the Supreme Court to not strike it down if it does.

Edited January 23 by Demise

[EatBulaga 411]

@Demise first block by a federal judge for 14 days.

https://www.cnn.com/2025/01/23/politics/birthright-citizenship-lawsuit-hearing-seattle/index.html

 

I suspect more legal back and forth will continue until it reaches the Supreme Court. Keeping the issue in the political conscious could lead some states or Congress to propose amendment to the Constitution. But will there be 2/3 majority in Congress and 3/4 majority of states may be the question?

Edited January 23 by EatBulaga

[Demise 1,354]

59 minutes ago, EatBulaga said:

@Demise first block by a federal judge for 14 days.

https://www.cnn.com/2025/01/23/politics/birthright-citizenship-lawsuit-hearing-seattle/index.html

 

I suspect more legal back and forth will continue until it reaches the Supreme Court. Keeping the issue in the political conscious could lead some states or Congress to propose amendment to the Constitution. But will there be 2/3 majority in Congress and 3/4 majority of states may be the question?

Congress can barely pass a budget these days, which is one of the few things that can get through with a simple majority in the senate.

 

I do not expect an amendment like this to get far.