Summary
Donald Trump has pledged to end birthright citizenship through an executive order if re-elected, targeting the 14th Amendment’s provision that grants citizenship to all born in the U.S.
Critics argue this policy would defy the Constitution, specifically its post-Civil War intent to ensure citizenship for former slaves.
Legal experts widely agree that the Amendment’s language includes children born to undocumented parents, but Trump’s proposal could lead to an immediate legal battle.
The policy would require federal agencies to verify parents’ immigration status, complicating access to Social Security numbers and passports for U.S.-born children.
It does have one circumstance:
I’m trying to figure out how they will argue that immigrants are not “subject to the jurisdiction thereof”.
If they aren’t, then border patrol would have no grounds to detain them. ICE could not deport them…
Try this on for size: Trump follows Texas’s lead, and declares them to be invaders. Enemy combatants aren’t subject to the laws of the nation they are invading.
Trump can argue that Border Patrol is performing a military role, rather than a law enforcement role.
I’ve only heard that applied to foreign diplomats. Because the parents have diplomatic immunity, they and their children aren’t “subject to the jurisdiction thereof.”
I think I figured it out… Diplomats are not actually the only persons who can be within American borders without being subject to American law. Another category is “Enemy Combatant”.
Remember that Texas has declared immigrants to be invaders.