Summary
The ACLU filed a federal lawsuit challenging President Trump’s executive order to deny citizenship to children born in the U.S. if their parents are unlawfully present or have temporary legal status.
The order, set to take effect in 30 days, conflicts with the 14th Amendment, which guarantees birthright citizenship, upheld by the Supreme Court in 1898.
Critics argue the order creates a “subclass” of noncitizens, undermining fairness and equality.
The lawsuit seeks to block the order, which also directs agencies to stop issuing passports and recognizing affected children as citizens.
This can’t be changed by executive order. Only a constitutional amendment can end birthright citizenship. There’s no debate there. If the supreme court were to side with Trump on this, it would only delegitimize it even further.
Now, I think the usefulness of the 14th amendment has long run its course. Granting citizenship to slaves has not been an issue in more than a century.
Most countries in European, Asia, and Africa follow jus sanguinis to grant citizenship. I do not think a mother who has no ties to America should be able to award citizenship to their children for the mere presence in the country during birth.
Again, no executive order nor law from congress is the answer. But I do believe there is merit in debating this issue.
Congress denied Obama’s SCOTUS pick, Trump rushed through several judges, and now Trump’s signing executive orders prompting the SCOTUS to reinterpret the Constitution. Even if you agree with Trump this sets an incredibly bad precedent.
Supreme Court: Actually, you know that part of the Constitution that says “the”? Well we’ve decided what the founders really meant there was that trump can do whatever he wants, and you can’t do anything about it. Also, you’re all going to jail for getting uppity.
I think it’s pretty clear they don’t care anymore. They have power, they’ve done what they need for the Republicans to stay in power forever, so they can stop pretending to be impartial and just rubber-stamp every conservative wet dream while thumbing their noses at the American people and saying “what are you doing to do about it, losers?”
By the time people realized democracy is gone it will be too late.