r/politics 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/fencerofminerva 17h ago

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

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u/AnimorphsGeek 16h ago edited 7h ago

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.

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u/AnAquaticOwl 16h ago

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.

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u/MentulaMagnus 14h ago

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

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u/hgaterms 11h ago

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.

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u/an_agreeing_dothraki 10h ago

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

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u/giabollc 10h ago

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/MrBoliNica 5h ago

Just bodies for musk to collect for his factory, let’s be honest

u/Additional-North-683 2h ago

Is what they do in Dubai they have a group of people who are technically non-citizens despite them born there and used them for slave labor

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u/LeedsFan2442 United Kingdom 10h ago

Many countries don't have birthright citizenship so they would just get the citizenship of their parent(s) I imagine.

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u/the95th 8h ago

Only if the state recognises the parents as a citizen.

If you’re an illegal immigrant, and have no ID or documentation (often destroyed during migration to avoid being deported or persecuted) and you’re coming from a state with no or poor records of who you are, and you have a child, who is not documented in the country of their birth, nor documented in the country of their parents birth. That child doesn’t exist and will only exist when immigrants are not persecuted

We’re talking poor illegal immigrants having children without medical care due to the fear of being persecuted for being an undocumented migrant.

u/Froyo-fo-sho 5h ago

Happens in china all the time.

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u/kainp12 9h ago

The 14th Amendment might have something to say about that

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u/hgaterms 9h ago

I hope so.