{"id":15675,"date":"2024-12-11T17:55:15","date_gmt":"2024-12-11T17:55:15","guid":{"rendered":"https:\/\/lonecandle.com\/?p=15675"},"modified":"2024-12-11T17:55:15","modified_gmt":"2024-12-11T17:55:15","slug":"the-law-is-clear-on-birthright-citizenship-can-trump-end-it-anyway","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=15675","title":{"rendered":"The law is clear on birthright citizenship. Can Trump end it anyway?"},"content":{"rendered":"\n

“Under a longstanding interpretation of the Constitution and federal law, children born in the US automatically become American citizens, even if their parents are undocumented. Trump, however, has promised that<\/a>, \u201cOn day one of my new term in office, I will sign an executive order making clear to federal agencies that under the correct interpretation of the law, going forward, the children of illegal immigrants will not receive automatic US citizenship.\u201d<\/p>\n\n\n\n

Specifically, that executive order would mandate<\/a> that at least one parent must be a US citizen or green card holder for their child to qualify for automatic citizenship. Federal agencies would be directed to deny passports, Social Security numbers, and public benefits to children with two undocumented parents.<\/p>\n\n\n\n

The executive order would almost certainly be challenged in court. Though it\u2019s impossible to say what the Supreme Court may ultimately decide, history and precedent isn\u2019t on Trump\u2019s side.” <\/p>\n\n\n\n

…<\/p>\n\n\n\n

“The 14th Amendment states: \u201cAll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.\u201d<\/p>\n\n\n\n

Chemerinsky said that this has \u201calways been understood to mean that all born in the United States (or naturalized as citizens) are United States citizens,\u201d in addition to any individuals under US jurisdiction abroad, such as children born to US military personnel in foreign countries. The phrase \u201csubject to the jurisdiction thereof\u201d was intended to exclude only Native Americans born on tribal land as well as children of enemy occupiers and foreign diplomats.<\/p>\n\n\n\n

The Supreme Court\u2019s 1898 decision in United States v. Wong Kim Ark<\/em> \u201cmakes clear that those born in the United States are citizens,\u201d Chemerinsky added. That case concerned a child born in California to Chinese immigrants who were lawful permanent residents of the US. At the time, no Chinese citizens were allowed to become naturalized US citizens under the Chinese Exclusion Acts. The court ruled that the child was a US citizen because he was born in the US, even though his parents were noncitizens.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“Right-wing immigration hawks have argued that the \u201csubject to the jurisdiction thereof\u201d clause ought to be interpreted differently to exclude children of unauthorized immigrants from the benefits of automatic citizenship. The clause, they argue, was meant to exclude anyone who had any loyalties to a foreign power, including citizens of other countries.” <\/p>\n\n\n\n

https:\/\/www.vox.com\/policy\/386094\/birthright-citizenship-trump-2024-immigration<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

“Under a longstanding interpretation of the Constitution and federal law, children born in the US automatically become American citizens, even if their parents are undocumented. Trump, however, has promised that, \u201cOn day one of my new term in office, I will sign an executive order making clear to federal agencies that under the correct interpretation of the law, going forward, the children of illegal immigrants will not receive automatic US citizenship.\u201d
\nSpecifically, that executive order would mandate that at least one parent must be a US citizen or green card holder for their child to qualify for automatic citizenship. Federal agencies would be directed to deny passports, Social Security numbers, and public benefits to children with two undocumented parents.<\/p>\n

The executive order would almost certainly be challenged in court. Though it\u2019s impossible to say what the Supreme Court may ultimately decide, history and precedent isn\u2019t on Trump\u2019s side.” <\/p>\n

…<\/p>\n

“The 14th Amendment states: \u201cAll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.\u201d<\/p>\n

Chemerinsky said that this has \u201calways been understood to mean that all born in the United States (or naturalized as citizens) are United States citizens,\u201d in addition to any individuals under US jurisdiction abroad, such as children born to US military personnel in foreign countries. The phrase \u201csubject to the jurisdiction thereof\u201d was intended to exclude only Native Americans born on tribal land as well as children of enemy occupiers and foreign diplomats.<\/p>\n

The Supreme Court\u2019s 1898 decision in United States v. Wong Kim Ark \u201cmakes clear that those born in the United States are citizens,\u201d Chemerinsky added. That case concerned a child born in California to Chinese immigrants who were lawful permanent residents of the US. At the time, no Chinese citizens were allowed to become naturalized US citizens under the Chinese Exclusion Acts. The court ruled that the child was a US citizen because he was born in the US, even though his parents were noncitizens.”<\/p>\n

…<\/p>\n

“Right-wing immigration hawks have argued that the \u201csubject to the jurisdiction thereof\u201d clause ought to be interpreted differently to exclude children of unauthorized immigrants from the benefits of automatic citizenship. The clause, they argue, was meant to exclude anyone who had any loyalties to a foreign power, including citizens of other countries.” <\/p>\n

https:\/\/www.vox.com\/policy\/386094\/birthright-citizenship-trump-2024-immigration<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[2137,221,170],"class_list":["post-15675","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-birthright-citizenship","tag-donald-trump","tag-trump"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/15675","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15675"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/15675\/revisions"}],"predecessor-version":[{"id":15676,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/15675\/revisions\/15676"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15675"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15675"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15675"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}