He didn’t even wait till the ink dried on the EO, so, was this rushed? I’m sure it will be one of many from Democrat AGs who will do anything to protect illegals over US citizens
NC sues Trump over ‘plainly wrong’ birthright citizenship ban, AG Jeff Jackson says
North Carolina Attorney General Jeff Jackson sued President Donald Trump on Tuesday, over Trump’s executive order that attempts to end birthright citizenship.
The 14th Amendment to the United States Constitution has been interpreted in court for more than a century to say that everyone born in the U.S. automatically becomes a U.S. citizen. Trump, however, wants to change that.
A Republican who won election in 2024 in large part due to his anti-immigration stances, Trump is hoping to convince courts to change that interpretation and rule that people who are born in the U.S. can’t become citizens if their parents are either undocumented immigrants or are here legally but on a temporary basis, such as a work visa or a student visa.
Trump’s executive order is set to go into effect in late February. It wouldn’t retroactively take away citizenship from anyone. But the proposed new rules would apply to any babies born after Feb. 19.
However, it’s possible a court could issue an order blocking it before then.
That’s exactly what Jackson and the others suing Trump hope to accomplish. “Over a century of precedent says that his interpretation is plainly wrong,” Jackson told WRAL in an interview Tuesday.
One of the questions here is whether or not Trump has the authority to put out this EO. Did his people craft if looking at all the relevant laws, statutes, the Constitution, or, did they wing it? Did they look at United States v. Wong Kim Ark, all the way back in 1898, which found that a child born to Chinese parents supposedly subject to the jurisdiction of the Emperor of China but here in the US legally and working and such was a natural born citizen.
Because there are those words: subject to the jurisdiction. The parents of the child were legally present in the U.S. under Wong Kim Ark. Let’s look at the most important part of Trump’s EO
Sec. 2. Policy. (a) It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
It’s a proper reasoning. But, will it pass court muster? I’m perfectly sure that a leftist court will soon find a reason to put it on hold. And, when it makes it to the Supreme Court, I can see them stopping it if Trump has no authority to do this, saying that only Congress can do this. It was Congress who passed the law regarding diplomats and their staff’s children born in the US not being US citizens. Does the Executive Branch have the authority to make the determination or must Congress do it?
And, you never know, Trump may be doing this primarily to dissuade illegals and others from coming to the US to have their babies, hoping that will mean the parent(s) will never be deported, knowing that the EO will eventually be shot down. And hoping it won’t. Because even if it stands through his term the next Democrat president can end it with the stroke of a pen. Because what’s the chance there will be enough Democrats in the Senate to vote to end debate? It could be that second part of Trump’s EO, lawful but temporary, is shot down but the first is allowed to stand. That’s why we go through judicial review.
In the Triangle region alone, tens of thousands of Asian immigrants live and work in North Carolina on the basis of temporary authorizations such as student visas or H-1B visas. Some have been waiting years for citizenship or a green card, but the system faces major backlogs — backlogs that now potentially threaten their dreams of a future in America, with American children. Jimmy Patel-Nguyen, a spokesman for North Carolina Asian Americans Together, said the group supports the fight against Trump’s order.
Except, they are subject to the jurisdiction of the US, since they are working towards citizenship. Just more scaremongering from the local Raleigh Credentialed Media. You’ll see a lot of that from the leftist media. I guess we’ll see what happens.
Some 20 AGs have sued to rescind Donnie’s repeal of Section 1 of the 14th Amendment.
It is at least as clear as the Second Amendment.
This BS will quickly make its way to the Supreme Court where it is 99% certain that Donnie will lose. He didn’t expect it to stand. He wanted to succor his cult and hope that on occasion they’d take matters into their own hands.
On further Trump BS, would it be OK for the police officers asaulted on Jan 6 to track down their attackers and administer some justice? Why not?
Mr Teach typed: He didn’t even wait till the ink dried on the EO, so, was this rushed? I’m sure it will be one of many from Democrat AGs who will do anything to protect illegals over US citizens
It’s in the fucking Constitution, Teach. Jeez.
Why aren’t Republican AG’s protesting this attack on the Constitution?
“Attack on the Constitution” Rimjob whines.
Stop crapping your diapers.
Many legal scholars claim dems and illegals are misusing the intent of the 14th Amendment by dropping anchor babies in the U.S.
It’s become a big business world wide.
Jeez!
The argument arises that if the framers of the amendment wanted “all persons born or naturalized in the United States” to be citizens, then why not just end it there? But they didn’t and added “subject to the jurisdiction thereof”. The SC will end up deciding the issue, obviously
This has been the law since 1868. We have processes for changing our Constitution. It’s not simple and cannot be accomplished by EO.
Why does Amendment 2 have all that qualifying bullshit? “A well regulated Militia, being necessary to the security of a free State”… blah blah blah. Are the Proud Boyz a “well-regulated Militia”? How about the banger gangs selling heroin in Detroit? Are they a “well-regulated Militia”? How about the mass murderers walking through grade schools with an AR-15 killing 7-8 yr olds? Are they part of a “well-regulated Militia”?
Six outlandish rhetorical questions in a row.
Not a record but close.
Come up for air once in a while, Rimjob.
Jeez! What a dunce.
Not at first-the 14th Amendment didn’t apply to American Indians, because “he owed immediate allegiance to his tribe” and not the United States, Elk vs Wilkins, 1984. Indians weren’t granted citizenship until the Indian Citizenship Act of 1924.
In addition, American born children of foreign diplomats have always been excluded from American citizenship under the jurisdiction clause
If intent and historical context are considered by SCOTUS, which they will be, Trump will prevail.
Once again, the left has forgotten how flexible supreme court decisions are.
Slavery was once just fine, and Democrats hated it when we ended that.
Separate but equal was once just fine. Democrats hated ending that too.
Roe was once “the law of the land”. That also ended and Democrats found themselves on the wrong side of history again.
A supreme court that decided wrongly that a bill to make freed slaves citizens would also apply to illegal aliens is only awaiting a case to overturn that.
There is a good argument to be made that people who illegaly invade the USA are NOT subjecting themselves to our jurisdiction since they are summarily returned to their country of origin as soon as they are found and since they evaded or jurisdiction in the very act of entering our country. They are demonstrating that they are living outside the jurisdiction of the USA, just by being here. Visitors and guest VISAs are likewise not rejecting their home jurisdictions by merely traveling here. When I visit Germany, I don’t stop being American. My child who was born there is American, not German. Germany sees it that way. The entire world sees it that way. Only the USA has this easily exploitable hole in our law.
No foreigner has the right to seize the blessings of liberty from Americans and pass them along to their own posterity without the consent of We the People.