We have never had 10 million illegals come here in a 4 year period. The 14th will need to be defined to exclude illegals as not “under the jurisdiction there of” The Wong Ark case is different as he was a legal resident of the US. Illegals are not. |
This is a legislative, not judicial, argument. It's in every way irrelevant. |
The EO covers people here legally |
I guess one big change is that those people (born 30 days after the EO unless the courts strike it down) can't run for the presidency. Also, the immigration system is dysfunctional as is, do we really need to add more complications to it? (I know these things get processed as families, but still...) Finally, I think birthright citizenship makes the US special in a good way. No matter where you come from, if your kids are born here, they're American. This is not the case in Europe and it takes immigrants much longer to integrate as a result. |
If SCOTUS agrees this is the right reading of the 14th amendment, then that interpretation will be retroactive. Nothing in the text of the 14th has changed since 1868. |
I don't know the specifics of their immigration status; however, just like the Reagan amnesty thing, it will happen to things in the present and moving forward. So this argument is not worth discussing as it won't be retroactive. A good start is to stop the illegals in their tracks now rather than make it retroactive. Basically stop the invasion and prevent it from continuing. |
That's not really a legal argument. That's a rando message board post. |
It would make no logical sense: Naturalized citizens would still be naturalized citizens because it's not a birthright issue. The only people theoretically affected would be children of people naturalized after they were born. These children often have no other citizenship. |
Lets be real, someone like elon and grimes, if the law was they had to be of legal status then they would have followed that path but the law says birthright. With immigration you want to have best and brightest so they would be good candidates for citizenship |
People born in the US of parents who are not citizens or permanent residents don’t get naturalized because they are already citizens. Usha, Vivek, Kamala, Barron, etc were never naturalized. It would definitely affect them. |
For the 100th time, the EO covers people who are here legally. Also, it will stop only one type of illegal. Young men working in Home Depot parking lots will still be there, and your drywall will still be hung by them. |
Why do you keep pretending that this EO excludes just the illegals? Are you hoping it will make your argument stronger? The EO denies citizenship to children of people who are here legally if they are not citizens or permanent residents. |
There wasn’t really such a thing as “being here legally” or “illegally” at that time he was born. The modern immigration law concepts like permanent lawful residency, work visas, tourist visas, etc didn’t exist. |
That's a good thing - a tourist is here legally, but her baby born on the US soil will not automatically become citizen. The baby will have the same citizenship as mother/parents. |
+1. I said earlier that I don’t think the EO is legal and will almost certainly get tied up in court, but on the merits I think it is completely fine to have a policy that only the children of legal immigrants (permanent residents) or citizens are granted citizenship at birth. Basically every other developed country does it this way. I am totally okay with the children of tourists, student visa holders, and H1-B/non-immigrant visa holders not getting citizenship at birth. The child will have the same citizenship as their parents at birth, and if the family continues to live in the US and the parents are eventually naturalized, then the child will get citizenship then. If the parents have no intention of staying in the US permanently or raising the child here, I think it’s actively preferable that the child is not given citizenship. I know someone who was born to Italian PhD students doing a postdoc in the US and was raised 100% in Italy, identifies as Italian, and has no real connection to the US besides the circumstances of his birth. IMO there is no reason for that person to be a citizen. |