In one of his many Executive Actions and Orders our Fascist Felon ‘president’ signed on Day One of what appears to be four long, miserable years, Trump ended Birthright Citizenship, an important clause of our Fourteenth Amendment.
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.
***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. 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, or children of members of Indian tribes subject to tribal laws. In addition, the citizenship of children born on vessels in United States territorial waters or on the high seas has generally been held by the lower courts to be determined by the citizenship of the parents. Citizens of the United States within the meaning of this Amendment must be natural and not artificial persons; a corporate body is not a citizen of the United States.
His order directed federal agencies not to issue citizenship documents to such children, starting in 30 days.
By directing federal agencies to deny the children of undocumented immigrants citizenship-affirming documents like Social Security cards and passports, the Trump administration is effectively ordering them to be cutting them off from government services like public schools, health care, nutrition and housing benefits. The policy — acting as if the 14th Amendment did not apply to those people — is very likely to draw a legal challenge as well.
But does an Executive Order really terminate an important part of our Constitution with just the stroke of a pen or sharpie?
Trump cannot abolish birthright citizenship by himself.
A president cannot amend the Constitution on his own, and any executive order to restrict or abolish birthright citizenship is almost certain to be challenged in court as a violation of the 14th Amendment.
The Supreme Court has never directly ruled on the issue, but in an 1898 case, called United States v. Wong Kim Ark, the court ruled that a man born in San Francisco to parents who were both from China was a U.S. citizen.
Since today’s Extreme Court frequently ignores precedent, ending Birthright Citizenship could possibly come to fruition but not without a fight.
"We will sue imminently, and I have every confidence we will win," Connecticut Attorney General William Tong said Monday. Last month, he told NBC News he would be the "first to sue" if Trump went ahead with his plan.
The American Civil Liberties Union filed its own lawsuit Monday night.
Read the White House’s Statement on Birthright Citizenship:
Other Draconian EOs and actions pertaining to immigration include:
- Alien Enemies Act
- But as legal experts have pointed out, it can be invoked only during a time of war, which could limit its availability to Trump, who said Monday he wanted to use it to detain members of drug cartels.
- Using federal funding
- Issues with federal funding are also likely to be litigated, with the outcomes uncertain.
- The Fascist Felon plans to divert funds from environmental programs that were approved as part of the Inflation Reduction Act and the Infrastructure Investment and Jobs Act to build his stupid wall.
- Under the Constitution’s Appropriations Clause, Congress, as is often said, has “the power of the purse.”
