Eugene Robinson: The real reason Trump wants to end birthright citizenship
President Donald Trump sends a clear message that he only wants certain people in the U.S.
January 23, 2025

President Donald Trumps executive order purporting to abolish birthright citizenship is unambiguously and profoundly racist. We can conclude only that this is the whole point.
The order plainly violates the Constitution and seeks to overturn crystal-clear Supreme Court precedent. In those affirmations of the principle that anyone born in this country is automatically a citizen, race was the central issue a fact that Trump and his advisers must know. This history makes Trumps order an act of performative racism that tells us, quite clearly, what kind of U.S.-born Americans he wants to exclude.
The saga begins before the Civil War with the Supreme Courts infamous Dred Scott v. Sandford decision in 1857, which denied citizenship to people of African descent even if they were not enslaved. A free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a citizen within the meaning of the Constitution of the United States, the ruling held.
After the war, the race-based Dred Scott theory of citizenship was overturned by the very first sentence of the 14th Amendment, ratified in 1868: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. The whole point was race: Black people born here have the same status, and the same rights, as White people.
Trumps executive order pays lip service to the 14th Amendment and calls the Dred Scott ruling shameful. But it claims that the amendments phrase subject to the jurisdiction thereof gives Trump the right to deny citizenship to the U.S.-born children of undocumented migrants and asylum seekers most of whom are Latinos, Haitians and others who come from what Trump once called s---hole countries.
/snip

Srkdqltr
(8,268 posts)Then going back where they came from, giving the child citizenship.
VMA131Marine
(4,957 posts)Deep State Witch
(11,736 posts)Especially in Miami, FL.
valleyrogue
(2,009 posts)the vile and racist "anchor babies." Of course it is all racist as anything.
Srkdqltr
(8,268 posts)valleyrogue
(2,009 posts)Supposedly, women from Mexico and other Latin American countries just happened to have babies in the US for the reason the babies would get citizenship. Of course the babies were citizens, but the implication was there was something sinister or wrong with it. It stemmed from racism.
You don't hear that term used much these days. However, a few years back, the phrase was pretty common
Mike 03
(18,400 posts)You really have to contort that sentence beyond recognition to find a loophole in it. It seems crystal clear, doesn't it?
People born in the United States ARE automatically subject to the jurisdiction thereof, aren't they? They are one and the same. Where's the loophole? Where is the wriggle room? I don't see it.
Norrrm
(1,246 posts)Are all natural born children American citizens?
No
there is one exception.
Children of diplomats.
https://www.washingtonpost.com/opinions/birthright-citizenship-is-a-fundamental-constitutional-value/2018/07/20/49d7f9d2-8c46-11e8-8b20-60521f27434e_story.html?utm_term=.afecc93b0471&wpisrc=nl_most&wpmm=1
The Supreme Court has long defined subject to the jurisdiction to carve out from the birthright citizenship guarantee only the children of diplomats who are immune from prosecution under U.S. laws. Meanwhile, if undocumented immigrants or their children commit a crime in the United States, they can be and are punished under U.S. law. In other words, they are - obviously! - subject to the jurisdiction of the United States. If born on American soil, they are also citizens of the United States.
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Amendment 14
(Passed by Congress June 13, 1866. Ratified July 9, 1868.)
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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Many folks bluff their belief that non-citizens do not have Constitutional rights and protections.
WRONG!
The any person part of Amendment 14 specifically provides certain Constitutional rights and protections to non-citizens.
BUT - there are some rights not granted to non-citizens.
.. Different discussion.