Reply to Why is there so much opposition to ending birthright citizenship?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]One of the major problems is the practice of "anchor babies".[/quote]

Usha Vance is an anchor baby. [/quote]

I’m the same kind of “anchor baby” as Usha Vance (born in the US to two Indian parents here on student visas), and also a Democrat who voted for Harris. I don’t think the legal basis for the EO is sound based on the language of the 14th Amendment, but I’m fine with the policy. Birthright citizenship is pretty dumb in this day and age.

My parents got their green cards when I was in elementary school and were naturalized when I was 12. I think it would have been perfectly reasonable for me to become a naturalized citizen, as their minor child, at the same time as them. That’s the type of policy change that would affect the children of legal immigrants and it’s the commonly used method for citizenship for the children of immigrants in most other first world countries. It’s not inhumane or really a bad policy at all. [/quote]

So you, Usha Vance, Kash Patel, Vivek Ramaswamy and hundreds of thousands of others born under the same circumstances are all ready to move to India because you're fine with Trump's policies to strip them of citizenship claims?[/quote]

NP- This EO is not retroactive so not sure why you are cooking up scenarios that won't happen.[/quote]

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.[/quote]

The court wouldn’t need to make it retroactive.[/quote]

It doesn’t work like that.  In order to resolve the case, the court would have to say whether the 14th amendment means what the EO says it does.  If the court agreed, the immediate effect would just be to uphold the EO, which is not retroactive.  But once SCOTUS says the 14th amendment doesn’t provide for birthright citizenship, you will have a flood of follow on lawsuits from red state AGs and others challenging the citizenship of people whose parents are not citizens.  They will argue these people aren’t entitled to government benefits, etc.  [/quote]

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