Casual poll: does Trump have the authority to cancel birthright citizenship by EO?

Started by fauxlaw

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#31 •••

Efforts to restrict birthright citizenship for children of undocumented or temporary-status parents have been blocked by federal courts based on the 14th Amendment. Courts have indicated that altering this right would necessitate a constitutional amendment or a significant reinterpretation by the Supreme Court. The 14th Amendment was enacted to overturn the Dred Scott decision and guarantee equal rights for all individuals born in the U.S.. 

The current legal understanding is that this constitutionally protected right cannot be changed by ordinary legislation. 


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#32 •••
@Debby

Well good for the law, Again in "MY opinion" its being interpreted wrong on purpose to allow anchor babies and mass illegal immigration.

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#33 •••
@sadolite

Anchor babies" is a derogatory term for children born in the United States to non-citizen parents (particularly undocumented immigrants) who automatically acquire U.S. citizenship under the 14th Amendment

. The term implies these children are used as "anchors" to help parents avoid deportation and eventually secure legal residency. In the context of mass illegal immigration, it is a politically charged topic central to debates over birthright citizenship, with estimates suggesting around 250,000 to 400,000 such births occur annually. 

Key Aspects of the "Anchor Baby" Issue

  1. Definition and Usage: The term is considered offensive and dehumanizing by many, as it reduces children to pawns in immigration strategy. It gained prominence in the mid-2000s, often used by conservatives to highlight concerns about illegal immigration.
  2. Legal Basis: Under the 14th Amendment and Supreme Court precedent (e.g., Wong Kim Ark, 1898), children born on U.S. soil are granted citizenship regardless of their parents' legal status.
  3. Impact on Immigration Status: Contrary to popular belief, having a U.S.-born child does not automatically legalize the parents' status. While U.S. citizen children can sponsor parents for legal status, this can only occur when the child turns 21. If the parent entered illegally, they may be forced to leave for 10 years before applying for a green card.
  4. Economic & Social Impact: While some argue these families drain public resources (like WIC or Medicaid), others note that these children are often already embedded in American society.
  5. Birth Tourism vs. Illegal Immigration: A distinction is often made between undocumented immigrants living in the U.S. and "birth tourists"—wealthy individuals (often from China or Russia) who travel to the U.S. on visitor visas solely to give birth and secure citizenship for their children. 

Data on Births to Undocumented Immigrants

  1. Trends: Births to unauthorized immigrants peaked around 2007 (approx. 370,000–390,000) and declined to approximately 250,000–275,000 in recent years, representing roughly 6-7% of all U.S. births.
  2. Demographics: As of 2016, approximately 5 million U.S.-born children under 18 were living with at least one unauthorized immigrant parent.
  3. Geographic Distribution: States with the largest numbers of births to illegal immigrants include California, Texas, Florida, and Illinois. 

Political and Legal Debate

  1. Proposed Changes: Many conservatives have pushed to end or restrict birthright citizenship, arguing it encourages illegal immigration.
  2. 14th Amendment Obstacle: Ending birthright citizenship would likely require a constitutional amendment, a difficult process.
  3. Family Separation: Despite the "anchor" narrative, ICE deported more than 231,000 people with at least one U.S.-citizen child between 2013 and 2018. 


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#34 •••
@fauxlaw
A foreigner who crosses the border illegally [explained in my #14] does not meet the first conditional.


We’re not talking about the foreigner who crossed the border, we’re talking about the child who was born here. Big difference, and the 14th amendment clearly applies to the latter.


The second condition is being subject to the jurisdiction of the US by a US citizenship perspective.

A foreigner who crosses the border illegally [explained in my #14] does not meet the second conditional.


by a US citizenship perspective” is totally made up. the 14th amendment neither says nor implies anything like that. It says “subject to the jurisdiction thereof”. Illegals are subject to US jurisdiction. If they weren’t, that would mean we cannot arrest them if they commit a crime, which would be absurd. And you admitted yourself they are.

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#35 •••
@Double_R

Anchor babies" is a derogatory term for children born in the United States to non-citizen parents (particularly undocumented immigrants) who automatically acquire U.S. citizenship under the 14th Amendment

. The term implies these children are used as "anchors" to help parents avoid deportation and eventually secure legal residency. In the context of mass illegal immigration, it is a politically charged topic central to debates over birthright citizenship, with estimates suggesting around 250,000 to 400,000 such births occur annually. 

Key Aspects of the "Anchor Baby" Issue

  1. Definition and Usage: The term is considered offensive and dehumanizing by many, as it reduces children to pawns in immigration strategy. It gained prominence in the mid-2000s, often used by conservatives to highlight concerns about illegal immigration.
  2. Legal Basis: Under the 14th Amendment and Supreme Court precedent (e.g., Wong Kim Ark, 1898), children born on U.S. soil are granted citizenship regardless of their parents' legal status.
  3. Impact on Immigration Status: Contrary to popular belief, having a U.S.-born child does not automatically legalize the parents' status. While U.S. citizen children can sponsor parents for legal status, this can only occur when the child turns 21. If the parent entered illegally, they may be forced to leave for 10 years before applying for a green card.
  4. Economic & Social Impact: While some argue these families drain public resources (like WIC or Medicaid), others note that these children are often already embedded in American society.
  5. Birth Tourism vs. Illegal Immigration: A distinction is often made between undocumented immigrants living in the U.S. and "birth tourists"—wealthy individuals (often from China or Russia) who travel to the U.S. on visitor visas solely to give birth and secure citizenship for their children. 

Data on Births to Undocumented Immigrants

  1. Trends: Births to unauthorized immigrants peaked around 2007 (approx. 370,000–390,000) and declined to approximately 250,000–275,000 in recent years, representing roughly 6-7% of all U.S. births.
  2. Demographics: As of 2016, approximately 5 million U.S.-born children under 18 were living with at least one unauthorized immigrant parent.
  3. Geographic Distribution: States with the largest numbers of births to illegal immigrants include California, Texas, Florida, and Illinois. 

Political and Legal Debate

  1. Proposed Changes: Many conservatives have pushed to end or restrict birthright citizenship, arguing it encourages illegal immigration.
  2. 14th Amendment Obstacle: Ending birthright citizenship would likely require a constitutional amendment, a difficult process.
  3. Family Separation: Despite the "anchor" narrative, ICE deported more than 231,000 people with at least one U.S.-citizen child between 2013 and 2018. 


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