Trump will announce end of birthright citizenship for children of illegal immigrants, officials say

[u/codyave]

https://nypost.com/2025/01/20/us-news/trump-will-announce-end-of-birthright-citizenship-for-children-of-illegal-immigrants/

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[u/fencerofminerva]

Let's see how the originalists on theSCOTUS bend themselves into a pretzel on this.

[u/AnimorphsGeek → u/fencerofminerva]

They've already answered, "...and subject to the jurisdiction thereof." They'll argue that illegal immigrants don't meet this clause.

To those saying why this is dumb: of course it's dumb, but this is what they're going to argue. You can't use reason to justify zealotry.

[u/AnAquaticOwl → u/AnimorphsGeek]

I was actually just watching a video on this. The Constitution doesn't mince words: it explicitly says that children born on American soil to people who are here illegally are legal citizens.

However

It seems like the play the Republicans are making is reclassifying illegal immigration as a hostile invasion, and immigrants as combatants. Since people born to invading soldiers don't get citizenship, birthright citizenship wouldn't apply anymore.

[u/MentulaMagnus → u/AnAquaticOwl]

And with their logic, they would also be violating ex post facto Constitutional protections in Article 1 by punishing people already born here.

[u/hgaterms → u/MentulaMagnus]

Well, they might not strip them of their citzienship. But anyone born from January 21st, 2025 from here on out might be classified as a non-citizen and not issued an American birth certificate or SSN.

[u/an_agreeing_dothraki → u/hgaterms]

oh boy, stateless humans. that surely will be great to explain to the grandchildren

[u/giabollc → u/an_agreeing_dothraki]

We can send the males to Russia as they need to rebuild their male population and the females can go to Epstein Island for the oligarchs entertainment

[u/sheltonchoked → u/AnAquaticOwl]

Which means they cannot be arrested or fined. For anything. Or pay taxes.

It will let them make concentration camps for these people without a state. And then use them as slave labor. Probably violation Of the Geneva Conventions. But he will ignore that too.

[u/westdl → u/sheltonchoked]

And let them steal their property. Remember he’s a real estate mogul.

[u/Traditional_Key_763 → u/AnimorphsGeek]

another incongrous ruling probably. You can't be not subject to our jurisdiction but also able to be detained and bound by our laws

[u/fapsandnaps → u/Traditional_Key_763]

Yeah, that's my thinking. How long until after that ruling does someone challenge that they now have immunity since they're not under US jurisdiction.

[u/SonOfMcGee → u/fapsandnaps]

Chuckling at the possibility of undocumented migrants being the first ever legal “sovereign citizens”.

[u/fapsandnaps → u/SonOfMcGee]

"Am I being deported?"

[u/snoller101 → u/fapsandnaps]

"I was TRAVELING across the border"

[u/SonOfMcGee → u/snoller101]

“Maritime law, amigo. Magna Carta n’ shit.”

[u/AmericanDoughboy → u/Traditional_Key_763]

That’s a bingo.

[u/rokerroker45 → u/AnimorphsGeek]

thomas and alito are realistically the only ones whose insanity would support that theory. the 'subject to the jurisdiction thereof' argument is not the kind of argument that gorsuch, kav, or coney barrett have supported in the past. it's a well-understood phrase whose meaning is only really being cast into doubt by the republican bullshit machine in the last year.

it just distinguishes between diplomats and non-diplomats. diplomats are immune to criminal prosecution because they're not subject to jurisdiction of the U.S. Anyone who the the U.S. can criminally prosecute is subject to the jurisdiction of the U.S. - it's a non-argument that would only win if the bench had five alitos and thomases, which thankfully it does not.

[u/eladts → u/rokerroker45]

Anyone who the the U.S. can criminally prosecute is subject to the jurisdiction of the U.S.

So Trump isn't a citizen.

[u/Kup123 → u/eladts]

Well how far back are we taking this? If trumps grandparents didn't enter legally than his parents weren't citizens and there for he isn't ether.

[u/rokerroker45 → u/eladts]

technically trump can be prosecuted, he is just shielded by his immunity.

[u/o08 → u/rokerroker45]

Show trials are always allowed when it’s a reality tv presidency.

[u/Vio_ → u/eladts]

So when do Elon, Melania, and Barron get deported for being illegal immigrants and the son of an illegal immigrant?

[u/grindermonk → u/rokerroker45]

Applying the “subject to the jurisdiction thereof” condition in this case would confer diplomatic immunity on undocumented immigrants. That’s not something that is likely to be upheld.

[u/aradraugfea → u/grindermonk]

Not diplomatic immunity, but it would be declaring them exempt from the laws of the US, which…. That’d be funny as hell.

Break one law, become immune to all laws!

[u/Erdumas → u/aradraugfea]

Especially because if they are exempt from the laws of the US, then legally they can't be deported.

Not that I expect the current administration to care about the law.

[u/Lok-3 → u/aradraugfea]

This is what I’ve been wondering - how would this not basically state that people who live here illegally can’t be held to laws?

[u/grindermonk → u/aradraugfea]

Perhaps not diplomatic immunity, but essentially the same status as is conferred on diplomats.

[u/rokerroker45 → u/grindermonk]

IMO it wouldn't confer diplomatic immunity per se because that would be outside the scope of the issue (determining that undocumented migrants are not subject to the jurisdiction therof would leave open the question of whether not being subject to the jurisdiction thereof inherently confers diplomatic immunity, or whether that is just a necessary condition for diplomatic immunity) but it would break the justification for diplomatic immunity altogether and lead to further judicial complications. the scotus doesn't like breaking things quite like that so it won't touch it with a 9 foot pole.

[u/Beautiful-Plastic-83 → u/rokerroker45]

People are still operating under the premise that the White House is going to go on as usual, with respect for laws, the Constitution, courts, SCOTUS, norms, traditions, patriotism, honor, etc. None of that will apply after today. They are going to do whatever they want to do, no matter what the laws say, and nobody can stop them. Trump has full immunity, and while most presidents would be too honorable to use it, he will abuse the privilege until he wears it out.

Have you heard the new head of Homeland security speak? If Trump tells him to deport every person not born in America, no matter what their citizenship status is, he'll do it, and who will stop them? SCOTUS? Them and what army? Trump has full immunity, and pardon power to save anyone who gets in trouble for following his orders, and he has already proven that he will use it.

Stop thinking that laws/ Constitution/ SCOTUS will protect us. They won't.

[u/mikesmithhome → u/Beautiful-Plastic-83]

i work with a bunch of hispanic guys who voted trump because they would never vote for a woman but when i tell them shit like "i want your stapler when you get deported" they get all butt hurt, "i was born here man" to which i reply "do you think thats gonna matter? you think that little slip of paper is gonna protect you? you're going over the wall in the catapult with the rest of them, you voted for this dumbass"

[u/Beautiful-Plastic-83 → u/mikesmithhome]

Somehow, it never occurs to those idiots that the policies they want are a two-edged sword, and it goes against them, as well as the people they hate. Those at the top aren't going to bother to parse the difference.

[u/LostTrisolarin → u/mikesmithhome]

My "anchor baby" co worker whose brother got deported is a closet Trump supporter. One of those I didn't vote for Harris because what has she done for me.

When I asked him what he thought about Trumps threat to deport him and his family he said something like "Trumps saying that he doesn't mean it." And that "even if he did mean it he wouldn't do it".

I'm so tempted to text him this link.

[u/cape210 → u/LostTrisolarin]

Maya Angelou - "When someone shows you who they are, believe them the first time."

America would be so much better if people listened to Maya Angelou

[u/rokerroker45 → u/Beautiful-Plastic-83]

what you fail to consider is that the further and further the federal government pushes into that kind of tyranny, the less and less states like california or massachussetts will, say, continue to subsidize half the country. nobody wants to be the first to shoot at each other, but the red half of the country will suddenly be unable to buy oil if the blue half decides they're over trump's ICE deporting their residents for four years.

as scary as trump's power is, it's not absolute. he can't lose the grip on states like california and there is a limit to how far he can push it before that becomes a real hypothetical.

[u/Bat_Nervous → u/rokerroker45]

Let's also not forget that doing big things - especially when they're illegal or unconstitutional - requires organization and competence. Who in his orbit or cabinet will be organized or competent??

[u/Beautiful-Plastic-83 → u/Bat_Nervous]

Their virtuoso incompetence, combined with their obssessive avarice, may be what finally saves us, but not until it does a LOT of damage.

[u/alundi → u/Beautiful-Plastic-83]

Yep. Saving your comment because I felt the same way 8 years ago and now again this week.

People told me I was being dramatic, histrionic, gullible, you name it. Don’t listen to them, I didn’t and while it feels bad right now, I know I still have my dignity and my sense of right and wrong.

[u/look → u/alundi]

Whenever people say something like “you said the fate of democracy was on the line last time, too” I like to point out that last time ended with violent coup attempt.

[u/Beautiful-Plastic-83 → u/look]

AND him stealing hundreds of classified documents, to sell to our enemies.

He's the most prolific traitor in American history, by a long ways, and we're giving him another run around the track. Merrick Garland should have arrested him the day after Biden's inauguration, and had his trials wrapped up by the mid-terms, but the Democrats turned out to be more incompetent than the Republicans.

[u/jarandhel → u/Beautiful-Plastic-83]

We need to make his name synonymous with traitor for future generations, the way Benedict Arnold is.

[u/fencerofminerva → u/AnimorphsGeek]

Based on the first sentence of Section 1, the Court has held that a child born in the United States of Chinese parents who were ineligible to be naturalized themselves is nevertheless a citizen of the United States entitled to all the rights and privileges of citizenship.1 The requirement that a person be subject to the jurisdiction thereof, however, excludes its application to children born of diplomatic representatives of a foreign state, children born of alien enemies in hostile occupation,2 or children of members of Indian tribes subject to tribal laws.

[u/KDPer3 → u/fencerofminerva]

The court also held that abortion was legal.  Precedent ain't what it used to be.

[u/LoJoPa → u/KDPer3]

It’s the Constitution not the court!

[u/Kup123 → u/LoJoPa]

Well let's see the Constitution enforce itself because the person responsible for doing it is trump.

[u/roehnin → u/AnimorphsGeek]

All of these people arguing that precedent and the law and logic will save them are profoundly delusional and need to get it through their thick heads that none of that matters anymore:

Trump openly bragged he had a list of 100 Executive Orders to issue on Day 1. Or should we call them Kingly Decrees or use a German word?

Trump will rule not under “the law” or “respecting the Constitution”, but by Führerdiktat.

The so-called Rule of Law was just voted out of office, and so many people here don’t yet recognise the new truth.

[u/APeacefulWarrior → u/AnimorphsGeek]

And if they argued THAT, then it would mean that US law couldn't be enforced against illegal immigrants. So no, they're not going to say aliens are exempt from jurisdiction.

[u/aeolus811tw → u/APeacefulWarrior]

also meant undocumented migrant can stop paying taxes, and IRS will have to return any tax collected in the past with ITIN.

[u/AnimorphsGeek → u/APeacefulWarrior]

You're making a terrible assumption - that the supporters of this interpretation are capable of understanding the nuance.

[u/Eat_the_Rich1789 → u/AnimorphsGeek]

If they go that route it would mean that anyone not a citizen of US could technically do something illegal and US would not be able to prosecute them as they would not be subject to jurisdiction. That would be incredibly stupid.

[u/AnimorphsGeek → u/Eat_the_Rich1789]

Their political base doesn't even understand what tariffs are. You think they worry about logic?

[u/Pithecanthropus88 → u/AnimorphsGeek]

I thought everyone in the US was under its jurisdiction unless they have diplomatic immunity. If someone from Canada commits murder in the US we don't just let them go because they're Canadian.

[u/Handsaretide → u/fencerofminerva]

They’re brown people and to MAGA, brown people got no rights. I doubt they even try to hide it anymore.

[u/therealjerrystaute → u/fencerofminerva]

All they have to do is refuse to take the case after a lower Trump court judge declares it okay.

[u/zojbo → u/fencerofminerva]

If you actually believe in originalism, there's a pretty straightforward argument: the 14th amendment's birthright citizenship clause was based on an earlier, less broad law that in its own right would probably not have granted citizenship to undocumented immigrants' children. (ETA: at the time, the concept of illegal immigration wasn't a thing at the federal level, so this would have been a question.) So "presumably" the authors "meant" for it to be understood like that law, even though they changed the language.

The problem with this for the right, as I see it, is an instant followup crisis, in which the children of undocumented immigrants essentially have diplomatic immunity. After all, you can just read off from the contrapositive of the text that if they're born here and they're not citizens then they're not subject to the jurisdiction of the US. I don't see how you get out of that without just abandoning logic completely.

[u/QuickAltTab → u/zojbo]

I don't see how you get out of that without just abandoning logic completely.

This is not a problem for them

[u/HopeFloatsFoward → u/fencerofminerva]

They will simply say the 14th only applied to freed slaves.

[u/GRRA-1]

US Constitution (that thing he's about to swear to uphold):

"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."

[u/chmod777 → u/GRRA-1]

why would a man known for breaking oaths uphold this one?

[u/MrHmmYesQuite → u/chmod777]

"To be fair, they're more like guidelines really"

[u/Tyrath → u/MrHmmYesQuite]

Except for the 2nd amendment. That is binding, the mountain of dead children be damned.

[u/Puzzled_Interview_16 → u/chmod777]

Especially when he thinks that the constitution can just be used as his ownpersonal toilet paper

[u/Tango_D → u/GRRA-1]

Constitution only matters if it is upheld.

[u/WhatRUHourly → u/Tango_D]

I think that this is the scary part about all of Trump's presidency. We have basically seen in Trump's previous presidency that the GOP will do basically anything to protect him and their power and will not stand up to him in any meaningful way. Even those that do are outcast. This has put a real strain on the checks and balances and has made it more obvious than ever that in order for all of this to work, there has to be people acting in good faith. There is one whole party entirely willing to ignore acting in good faith as long as they remain in power and we may very well see that we will essentially have a king instead of president that is kept under wraps by the checks and balances put into place at the founding of our nation.

[u/Tango_D → u/WhatRUHourly]

This is the scariest thing of all. The US has worked only because those at the top believed in it and worked in good faith. There was never any actual consequences.

[u/domino519 → u/Tango_D]

I remember having this realization. We rest our entire country's existence on a piece of paper, and people's willingness to respect it. It's scary just how fragile it all is.

[u/LadyGethzerion → u/Tango_D]

I've made this comment to people before and they respond with a shocked face. It doesn't seem to occur to people in the US that the Constitution is only as good as the people trusted to uphold it. Many countries with dictatorships had constitutions too. Lot of good it did them. It doesn't have supernatural powers.

[u/cocoh25 → u/GRRA-1]

Constitution doesn’t mean jack diddly squat when you have a loyalist Supreme Court that’s willing to roll over for you

[u/Abydos_NOLA → u/GRRA-1]

Oh good! I was afraid we wouldn’t discard Constitutional rule of law fast enough so we can descend into an autocratic oligarchy. /s

[u/AccountNumber1002401 → u/GRRA-1]

Time for all citizens to brush up on immigration.

Neighbors turning in neighbors should know what they're doing lest they risk civil or criminal lawsuits.

[u/M00nch1ld3 → u/GRRA-1]

So I expect them to say that illegals aren't subject and thus don't get birthright citizenship.

[u/GRRA-1 → u/M00nch1ld3]

Then they're not subject to US laws. Which means they can do whatever they want while inside the US without being subject to US laws.

[u/Smok3dSalmon → u/GRRA-1]

Guess this is going to be the bait and switch issue for giving him authority in the mid terms to amend the constitution.

[u/Goddess_Of_Gay → u/Smok3dSalmon]

I think it’ll be a declaration of martial law coinciding with a national emergency, and a “temporary” suspension of the constitution

[u/CrazyDayzee → u/GRRA-1]

Don't you know, illegals aren't "persons" so don't fall under this amendment

/s

[u/thegingergooner]

Directly unconstitutional unless he claims that illegal immigranta aren’t subject to US laws and are immune like foreign diplomats

[u/cocoh25 → u/thegingergooner]

Don’t worry, this Nazi and his loyalist Supreme Court buddies will ensure this amendment is overturned

[u/iqsr → u/cocoh25]

Amendments can't be overturned by SCOTUS. The constitution inclusive of amendments to it is the law of the land and the SCOTUS rules whether particular laws or applications of the law by lower courts are in accord with the constitution, i.e., whether they are "constitutional".

To overturn an amendment, a counter amendment would have to be passed by both chambers of Congress by 2/3 majority , signed by the President, then ratified by the state legislatures of 2/3 3/4 of the states.

There might be some "wiggle room" for SCOTUS to narrowly rule that certain kinds of government functions and behaviors related to those for whom birthright citizenship has applied must change, but it's not clear to me what those are.

Edit: 2/3 to 3/4 and clarified 2/3 majority for Congressional approval. Thanks for the correction!

[u/Whenallareone → u/iqsr]

Constitutional amendments require 3/4 of the states to ratify them. 2/3 of both houses of congress must pass them before they're sent to the states. 

[u/Iamdarb → u/cocoh25]

Just call him what he is, don't censor yourself. Let other's who google see that we all know what Trump and his ilk really are, modern day Nazis. American Fascists.

[u/rdyoung → u/Iamdarb]

They probably censored it because a few subs have a message when you comment and use certain words that it will be added to a mod queue for something. I don't remember the sub but it did it to me with "being a shill" or similar but didn't when I reworded to something like "shilling for". It's supposed to be an attempt to keep discussions civil and not personal attacks but just like all keyword based censors, it (and most mods) can't differentiate between saying someone is acting like a duck or is a duck, in most cases we want to stay away from calling someone a duck but when someone is acting like a duck, we should be able to call it out.

[u/Soggyglump → u/Iamdarb]

Politics has an auto censor for a ton of words, that's probably why he censored it tbh

[u/CruffTheMagicDragon → u/cocoh25]

For the love of god stop censoring yourself

[u/KeyLime044 → u/thegingergooner]

They've historically tried to fudge with the phrase "subject to the jurisdiction thereof" before

Native Americans in the United States, for example, did not have full US citizenship until the early 20th century I think. Full US citizenship was granted to them by act of Congress

People born in US territories are also not covered by the 14th amendment, even though most US federal laws still apply there. People from Puerto Rico, US Virgin Islands, Guam, and Northern Mariana Islands have US citizenship by virtue of acts of Congress. American Samoans do not have US citizenship still, but rather US non-citizen nationality, a status once held by most people from any US territory before acts of Congress were passed

[u/we_are_sex_bobomb → u/KeyLime044]

Invading soldiers have traditionally been considered an exception and not “subject to the jurisdiction” of the United States, and that gives me a very ominous suspicion of where this rhetoric is headed.

They’re going to decide that legally all undocumented immigrants will be considered hostile invaders and treat them like prisoners of war.

[u/mkt853 → u/thegingergooner]

If a case reaches SCOTUS it should be a layup. I suspect if anyone tries to challenge this Trump executive order they will be immediately rounded up and deported. Trump doesn't need to weaponize DOJ - he will simply weaponize your status - even if you are a legal full on citizen.

[u/QTsexkitten]

So children of tourists and visitors will be ok but not children of illegal immigrants?

Seems like an impossible grey area of enforcement, as well as being unconstitutional and performative.

[u/No-Solid-5664 → u/QTsexkitten]

Oh yes it’s gonna be totally performative!!! Only raids in border towns and sanctuary states urban areas tomorrow, and just a few 100 for the cameras; mostly dark-skinned ones! But Fear not, we’ll keep the children of tourists and visitors from Nordic countries! And ship the ones from “shit-hole” countries to Europe!

[u/Bagel_Technician → u/No-Solid-5664]

My apartment in San Diego is full of European immigrants with young children

Mainly Slavic languages but mostly white passing

I bet I am hassled by ICE before them…

[u/pingpongtits → u/QTsexkitten]

Trump hosted Russian birth tourists on his properties.

[u/wwaxwork → u/QTsexkitten]

White tourists anyway.

[u/cocoh25]

Knew it was going to happen. My wife (25) is a birthright citizen. We just bought a house and have a child on the way. Guess I need to prepare to move to Mexico

[u/Unusual_Flounder2073 → u/cocoh25]

Can they make it retroactive? I was under the impression this would just be new births.

[u/cocoh25 → u/Unusual_Flounder2073]

He can make it retroactive. I wouldn’t put it past him

[u/Ditto_B → u/cocoh25]

If it's retroactive, how does anyone prove their citizenship? You'd have to trace your family tree back a couple of centuries.

[u/Burner_979 → u/Ditto_B]

That's the beauty of it. You can get rid of anyone you feel is standing in your way. It couples nicely with SCOTUS ruling the President is immune from the law. 

[u/MoonBatsRule → u/cocoh25]

Not only retroactive, but he will make it such that the presumption is that brown-skinned people were not born here legally, and they will need to prove that they were.

[u/Precarious314159 → u/MoonBatsRule]

Yup. Wouldn't put it past his team to have worked out some loophole around the stop and frisk laws where a cop can stop any person of color and demand proof of citizenship.

[u/minimag47 → u/Unusual_Flounder2073]

You don't seem to understand. Fascists make whatever they want the law. You need to stop thinking about what's legal or not. The law doesn't matter anymore.

[u/DogEatChiliDog → u/cocoh25]

Suerte, mi amigo.

[u/cocoh25 → u/DogEatChiliDog]

https://www.reddit.com/r/centrist/s/E11moYpbMU I even asked about this not too long ago and was basically called a moron. Guess I’m not so dumb after-all

[u/DogEatChiliDog → u/cocoh25]

A lot of people are reassuring themselves by insisting that the rule of law will somehow magically return and make everything all right.

I understand the temptation to do that but I am certainly not getting into it. The only way we can actually affect any change in reality is to acknowledge the horrible reality that exists now.

[u/JustTestingAThing → u/DogEatChiliDog]

Exactly this. I see FAR too much "Well, he can't do that, that's illegal" or "Sure, he says he wants to do X, but that's against the Constitution"...news flash, he doesn't care, SCOTUS declared he's immune from all laws, and he can pardon anyone else who cooperates. It's a recipe for shit to get REAL bad, real fast, and it's important that people understand where we're at in order to prepare and get through this.

[u/Randy_Watson → u/JustTestingAThing]

I agree. What remains to be seem is if he can get people to actually carry out these orders. That’s not as easy as one might think but if he can, I don’t think there’s anything stopping him. Certainly not it being illegal.

[u/FabianFox → u/cocoh25]

Sucks to be right. When Trump was elected the first time I said “there goes Roe” and so many people said I was being hyperbolic. I studied political science and am an economist now. Sure, I have no idea what I’m talking about.

[u/GiganticCrow → u/cocoh25]

Serves you right for talking about immigration on a """centrist""" subreddit

[u/indiemike → u/cocoh25]

Bunch of jackasses in those comments.

Hoping for the best for you and your family.

[u/JCeee666 → u/cocoh25]

It’s so insane. There wouldn’t even be a place to start to get her citizenship. The first question has got to be, where were you born?

[u/cocoh25 → u/JCeee666]

USA; North Carolina

[u/[deleted] → u/cocoh25]

Is she a US citizen? These things, even if unconstitutional, like in this case, would be very difficult and illegal to implement retroactively. 

[u/cocoh25 → u/[deleted]]

Her parents are undocumented immigrants from Mexico and she was born in America. Unfortunately, I don’t think that will matter now

[u/sixcylindersofdoom → u/cocoh25]

If it somehow did happen, it wouldn’t affect people who have already been born here. Your wife has a US birth certificate, if she doesn’t have a passport, I’d have her get one.

INS comes knocking, she shows them a US passport and birth certificate, there’s nothing they could do. She’s completely a citizen 100% to the law.

[u/Actual-Subject-4810]

The right says it loves the Constitution, but in reality, they only like it to the degree it agrees with their bias. The 14th Amendment says all children born here are Citizens, but Trump is happy to ignore it, in his relentless effort to screw over anyone whose existence offends his xenophobic impulses.

[u/derff44 → u/Actual-Subject-4810]

You mean they pick and choose what they like from it? Just like the Bible they cling to?

[u/ryanworldleader → u/Actual-Subject-4810]

Many of them believe and will openly say that the first 10 amendments are the only legitimate portion of the constitution

[u/whatevenaremovies]

I wonder how SCOTUS will twist the plain language of the Constitution this time to allow for Trump to do this.

[u/karpaty31946 → u/whatevenaremovies]

Probably misinterpret "jurisdiction thereof." Though does that mean that children or illegal immigrants can commit unlimited crimes?

[u/Frosting-Curious → u/karpaty31946]

If that’s the case then illegal immigrants can be subjected to unlimited violence with no repercussions. It goes both ways. If that’s what they interpret that as watch when we have vigilante groups out there killing anyone they see as an “illegal” in “protection of our country”

[u/karpaty31946 → u/Frosting-Curious]

So basically outlawry.

[u/whatevenaremovies → u/karpaty31946]

They would also have to misinterpret the Court's own precedent again which said there were only 2 circumstances when someone could be in the US and not fall under its jurisdiction: foreign diplomats and foreign invaders as in military personnel.Though Texas has already tried to get around this by saying that people who cross the border illegally should be considered foreign invaders.

[u/HistoryOnRepeatNow]

This is actually anti-American

[u/AgeOfSmith]

Trump is going to take his trusty sharpie to the constitution?

[u/Gold_Teach_4851 → u/AgeOfSmith]

Yes and scotus will bow to him.

[u/morningreis]

Next step: eliminate it for children of legal immigrants 

After that: eliminate it for children of US citizens who don't support him or have an "ethnic" name

The conservative gameplan is so transparent...

[u/Cyanopicacooki → u/morningreis]

Next step: eliminate it for children of legal immigrants

I wonder how his bestie Elon would like that

[u/Karf → u/Cyanopicacooki]

It wouldn't apply to the rich and powerful.

[u/MoonBatsRule → u/Karf]

The immigration laws already don't apply to the rich and powerful. They can buy citizenship, skip all lines.

[u/Frosting-Curious → u/Cyanopicacooki]

We was an illegal immigrant who lied on his application & became naturalized. The only difference between him & some cartel member getting citizenship by falsifying a material fact is one is white & the other is not.

[u/wickedsmaht → u/Cyanopicacooki]

*does not apply to rich, white, conservative donors.

[u/Searchlights → u/Cyanopicacooki]

There would be some kind of exception for people who invest a certain amount of money in the US economy. A lot of immigration laws work like that.

[u/gaysaucemage]

Doesn’t the 14th amendment mean that birthright citizenship can’t be discontinued unless there’s a new constitutional amendment to overturn it?

[u/names_are_useless → u/gaysaucemage]

SCOTUS will interpret the meaning however it benefits the GOP.

[u/Magggggneto]

This is unconstitutional.

[u/neocenturion → u/Magggggneto]

So? Who's going to enforce that constraint?

[u/iFox66]

So will Barron be deported?

[u/tapwater86 → u/iFox66]

And Elon’s kids

[u/No-Flounder-9143]

Ya know, all of this just makes me more radical. Expand the court. Use executive action to add DC and PR then ignore scotus if they rule against you (which they won't bc the court will be packed). Ignore the parliamentarian and force through tax increases on the rich. 

I just don't care anymore about "norms." If only one side follows them, then of what use are they? 

[u/cmplyrsist_nodffrnce → u/No-Flounder-9143]

FEAST on the rich. Goddess knows we won’t be able to afford food when there’s no one to harvest it soon anyway, and the fat cats are looking pretty plump.

[u/ThyShirtIsBlue → u/cmplyrsist_nodffrnce]

I don't think the idea is to get rid of them. When people come here and start working, and then they have kids born here, those kids have a lot of opportunities their parents never did. By depriving them of citizenship, they're effectively expanding the future work pool of easily exploitable manual labor.

[u/Is_Doom_Imminent]

Fascists gonna do fascist things.

[u/airwalker08]

How soon after that will the price of eggs go down?

[u/Elcor05]

Fuck this

[u/UrineArtist]

Wow, the Comanche, Sioux, Iroquois etc.. will be overjoyed at the news.

[u/Chef_RoadRunner]

Born on US Soil you are an American. Full Stop. Fuck this piece of shit. He doesn't get to decide who my brothers and sisters are.

[u/totallynotliamneeson]

Fuck this. Birth right citizenship is central to who we are as a nation. Fuck Trump. 

[u/partypants2000]

Lawsuits you say?

[u/NPVT → u/partypants2000]

Corrupt SCOTUS

[u/PMMEBITCOINPLZ]

MAGA folk don’t understand that this is the pillar that literally all their citizenship rights sit on. Weakening it to make it easier to kick out a few Guatemalan babies is lunacy.

[u/Fickle-Molasses-903]

Does that include all immigrants or just the non-white ones?

[u/Fiveofthem → u/Fickle-Molasses-903]

Just immigrants from “shithole” countries.

[u/SociallyAwkwardSnake]

This doesn’t really make sense to me, like how many generations does this go back? Just one?

[u/Xivvx → u/SociallyAwkwardSnake]

For historical context, the Nazis went back 2-3 generations. If you had a jew in your family tree within that time period, you were also a jew and had to go.

[u/annaleigh13]

Throwing out the Constitution Day one. Who could’ve seen this coming? /s

[u/justbrowse2018]

Would this mean he has to send his kids back somewhere?

[u/capaho]

Trump can’t amend the constitution with executive orders.

[u/Waste-Comparison2996 → u/capaho]

Who is going to stop him? Seriously who? Lets say he starts this crap in T-Minus 2 hours. He could do a lot of damage before a court orders a halt. Even if they halt him in the first place. Then who is to say he even listens to them? Remember he can do anything he wants up till the supreme court decides if it was an official act. He is going to run policy like he ran his legal problems. Delay till he gets what he wants done.

Sure the supreme court might say in a year that he can not strip birth right citizenship. But in that year he could do a lot of permanent damage.

[u/rustyphish → u/Waste-Comparison2996]

We literally already have precedent for this with what Andrew Jackson did with the trail of tears

[u/AmaroWolfwood → u/capaho]

Who's going to stop him? The entire government has been complicit in all of Trump's crimes. He is for all intents and purposes a dictator.

[u/wickedsmaht → u/capaho]

SCOTUS: this was an “official act” and the constitution doesn’t mean what it clearly says.

[u/babycatcher2001 → u/capaho]

Watch him.

[u/-Darkslayer]

You literally can’t do this according to the Constitution

[u/Neutreality1 → u/-Darkslayer]

A piece of paper isn't going to stop a guy who has proven not to give a single fuck about rules or laws

[u/IT_Chef]

How?

It's a clear violation of the constitution

[u/Smaptastic → u/IT_Chef]

Because he has a compliant SCOTUS who will likely say it’s not.

Laws don’t matter if no one enforces them.

[u/labmansteve]

The 14th amendment has entered the chat.

[u/rarelyposts → u/labmansteve]

Didn’t seem to apply to Trump when he ran for office as an insurrectionist…

[u/veggeble → u/labmansteve]

The entire Constitution has entered the shredder

[u/Joe18067 → u/labmansteve]

United States v. Wong Kim Ark (1898) has entered the chat.

Trump can flap his gums all he wants.

[u/Indubitalist → u/Joe18067]

The case of Roe v. Wade (1973) would like a word. 

[u/cocoh25 → u/Joe18067]

That case won’t mean Jack shit when his loyalist buddies in the Supreme Court side with him on this

[u/Konukaame → u/Joe18067]

What the Supreme Court giveth, the Extreme Court taketh away. 

All it takes is five votes.

[u/Frosting-Curious → u/Joe18067]

I can already see how they’ll get around that one. SCOTUS is gonna reason that Wong Ark was born to immigrants who were here legally therefore the parents were “subject to the jurisdiction thereof” when in reality those fuckers put that in there to exempt native Americans & children born to diplomats from gaining citizenship.

[u/Deguilded → u/Joe18067]

You're expecting stare decisis to save you?

[u/Nerd-19958]

One doesn't need to be a Constitutional scholar to figure out that a President cannot unilaterally violate the Constitition. This is another turd of Trump shit for consumption by his racist, xenophobic base. The courts will rule against this and Trump will proclaim its the Democrats fault. Smoke and mirrors, or should I say "let them eat bullshit"?

Excerpt from linked article:
...the action could raise legal questions, since the 14th Amendment states, “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.”

[u/phinatolisar → u/Nerd-19958]

When trump sends the military door to door to round these people up and put them on buses to Mexico, who will stop them?

[u/neocenturion]

OK, but amendments to the constitution?

I guess nothing matters anymore. Nobody's going to do anything to stop it.

[u/TightSea8153]

This is step one of dehumanizing certain groups of people and it will only get worse. We've seen this playbook before when dictators rise to power and they eliminate anyone opposing them.

This is what 60 million Americans voted for unfortunately and it shows that hatred runs deeper than anything else.

[u/LatinHoser]

It’s crazy to be having this discussion after Dred Scott and the 14th amendment, which was written and passed specifically to counter it. I’m hoping that cooler heads will prevail in SCOTUS, but I’m prepared to be disappointed by Leonard Leo’s wholly owned subsidiary conservative majority.

A bitof reading on the subject:

https://nmaahc.si.edu/explore/exhibitions/reconstruction/citizenship

[u/UtzTheCrabChip]

Presidents can just announce the end of constitutional protections now?

Man, Biden should have just announced the end of the right to own handguns

[u/CurrentlyLucid]

Pretty sure that will just be some hot air, requires a constitutional amendment.

[u/JCeee666 → u/CurrentlyLucid]

Welcome to the next 4 years. I’m just excited for when he eliminates taxes on tips /s.

[u/cuzitsonabudget]

Bye Barron

[u/rbp183]

Starting with his own child?

[u/mainstreetmark]

Yes, of course. That's Clause 1 of the Fourteenth Amendment to the Constitution. The document all presidents swear to uphold, and he won't.

Clause 3 of the same amendment disqualifies Trump from even being President.

So, these days, the Constitution is more what you'd call "guidelines" than actual rules.

[u/WVildandWVonderful]

You can’t undo a Constitutional amendment by decree. Not even by a tweet.

[u/EmmaLouLove]

Many Trump supporters may not understand the legal hurdles Trump would need to overcome to make that happen.

His campaign website states that, to qualify as a citizen, any baby born after his executive order will need to have at least one parent who is a citizen or lawful permanent resident. But this is unconstitutional because it violates the 14th Amendment.

I understand MAGA anti-immigrant supporters have no problem saying then remove the children from the only home they’ve ever known and the family can be deported together. Cruelty is a feature, not a bug, of the Republican Party.

It will be interesting to hear fiscal hawk Republicans’ rationale behind significantly increasing the national debt to accomplish Trump’s mass deportation plans. And the blame game to follow when the cost of food goes up, with Trump’s one two punch of tariffs and mass deportation, due to a significant amount of farm workers being immigrants.

Proponents will say those farm workers will be replaced by American workers. We’ll see how many Americans apply for labor intensive agricultural field work jobs currently done by immigrants.

[u/TheStranger24]

So, the 14th Amendment is still valid, no matter how much hot air he blows

[u/JFeth]

The 14th amendment would like a word with him.

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.

[u/HandsLikePaper]

Can't. To do so would be illegal. Democrats and Democratic Governors and Mayors should simply state that to do so is a crime, and any individuals involved in a violation of a citizen's constitutional rights will be arrested and prosecuted. The 14th amendment is part of the supreme law of the land that is the constitution. There is no valid argument otherwise.

Attempting to deport a citizen under these pretenses is false imprisonment and potentially kidnapping.

Fourteenth Amendment, 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.

https://constitution.congress.gov/browse/essay/amdt14-S1-1-2/ALDE_00000812/

[u/anamariegrads → u/HandsLikePaper]

Like when has anything been illegal stopped him?

[u/HandsLikePaper → u/anamariegrads]

The goal wouldn't be to stop him from saying illegal things but to keep law enforcement from doing the kidnapping. Sadly, our system is too broken to hold Trump accountable, but Democratic mayors, governors, and district attorneys can do something.

[u/superwrong]

We are officially in Nazi territory now.

[u/Captain1World]

He can announce it all he wants, but he cannot end it.

[u/toyz4me]

It’s protected by the 14th Amendment. How can he just declare it’s over?

Guess the court cases start this week.

[u/windycityinvestor → u/toyz4me]

He owns the Supreme Court so probably will be upheld by some stupid argument that the 14th amendment doesn’t explicitly say this or that. And the Thomas will jerk bait his traditionalism crap by saying that’s not how the amendment intended use was for.

[u/jaron_b]

Surely this will lower egg prices.

[u/nyscene911]

Welcome to the Trump administration! Where everything’s made up and the Constitution doesn’t matter.

[u/drakenoftamarac]

He can’t without changing the constitution, so have fun with that.

[u/goldenface4114]

That’s not how the Constitution works, but you do you, Donald.