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In reply to the discussion: Can he really end birthright citizenship? Isn't it up to Congress? [View all]VMA131Marine
(5,055 posts)33. Trump wants to deport people already here
The ones he calls anchor babies.
I dont know how you change the interpretation of the 14A without having it apply to people already here and who are US citizens because of it. SCOTUS has to conclude that Wong Kim Ark was wrongly decided and that puts everyone here born to non-citizen parents at risk. Maybe they make the distinction between non-citizen parents who are permanent residents versus people here on visas of limited duration but that would be a drastic change and it wouldnt be consistent with the actual language of the 14A.
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Can he really end birthright citizenship? Isn't it up to Congress? [View all]
question everything
Jan 2025
OP
It's a Constitutional Amendment, so it should require another amendment to reverse.
hedda_foil
Jan 2025
#3
So do naturalized citizens. The 14th Amendment also establishes that they are citizens.
rsdsharp
Jan 2025
#14
actually the argument isn't that the infants aren't under the jurisdiction but that the parents aren't
dsc
Jan 2025
#16
ACLU, and other will file suits immediately, and it will take years to litigate. But in meantime, trump can say he
Silent Type
Jan 2025
#9
As with the 2017 Muslim ban, he will defy the Constitution and then yield what ground the courts force him to.
Eugene
Jan 2025
#20
I don't believe they will but precedent hasn't stopped them in the past.
DemocratSinceBirth
Jan 2025
#37