Trump goes FULL SEND on birthright citizenship

[Highway Star]

[Highway Star]

Back when the democrat platform wasn't complete lunacy:

https://www.breitbart.com/politics/2018 ... tizenship/" onclick="window.open(this.href);return false;

[Kpdemello]

Meh. It's unclear whether Congress can determine the issue of whether children of illegals born in the U.S. are automatically citizens. There's an 1898 case that address the issue, and it only addresses it in the context of legal immigrants, not illegals. There's apparently been nothing since, surprisingly.

https://en.wikipedia.org/wiki/United_St ... ng_Kim_Ark" onclick="window.open(this.href);return false;

A 2010 review of the history of the Citizenship Clause notes that the Wong Kim Ark decision held that the guarantee of birthright citizenship "applies to children of foreigners present on American soil" and states that the Supreme Court "has not re-examined this issue since the concept of 'illegal alien' entered the language". Since the 1990s, however, controversy has arisen over the longstanding practice of granting automatic citizenship to U.S.-born children of illegal immigrants, and legal scholars disagree over whether the Wong Kim Ark precedent applies when alien parents are in the country illegally.

However it's quite clear that it cannot be done via executive order. Article I, section 8 of the Constitution:

The Congress shall have power....To establish a uniform rule of naturalization

There is no such power in the executive branch. I suppose you can argue that the President heads the INS, and so he can just order them to interpret the immigration statutes differently than they have been since their inception, but somehow I don't think the Supreme Court is going to rubber stamp that one. In any event the next President could just reverse it. To establish a real change, at a minimum, is going to require rewriting the legislation. Even that might not stick if challenged, and it might require a constitutional amendment.

I think we all know what this is about, though - establishing a convenient wedge issue that Republican Congressional candidates can use to win close elections.

[Dr. NO]

"However it's quite clear that it cannot be done via executive order. Article I, section 8 of the Constitution:"

Main point is LEGAL IMMIGRANTS. If your parent(s) are here and give birth to a child here that child is an American Citizen. Mom and Dad still must become Green Card and Naturalized citizens.

[Kpdemello]

Main point is LEGAL IMMIGRANTS. If your parent(s) are here and give birth to a child here that child is an American Citizen. Mom and Dad still must become Green Card and Naturalized citizens.

I believe that's the current state of the law.

[Highway Star]

Main point is LEGAL IMMIGRANTS. If your parent(s) are here and give birth to a child here that child is an American Citizen. Mom and Dad still must become Green Card and Naturalized citizens.

I believe that's the current state of the law.

Trump has doubled down on this. Prepare yourself.