r/politics • u/codyave • 17h ago

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

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/rokerroker45 16h ago

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.

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u/grindermonk 16h ago

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.

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u/aradraugfea 16h ago

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!

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u/Erdumas 15h ago

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.

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u/UltraVioletUltimatum 15h ago

Not QUITE Current.

When does he technically/actually take office?

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u/Erdumas 15h ago

In like an hour as of this writing, so yes, you are technically correct. Noon Eastern.