So, obviously this is wildly unconstitutional, but there are also a bunch of practical problems. What about kids abandoned or given up for adoption? What about kids whose father is either unknown or can’t be reached? - ThreadSky

normative.bsky.social • 36 days ago

So, obviously this is wildly unconstitutional, but there are also a bunch of practical problems. What about kids abandoned or given up for adoption? What about kids whose father is either unknown or can’t be reached?

Reposted from Julia Gelatt

The birthright citizenship executive order requires the federal government to issue, or recognize, documents affirming the US citizenship of babies born in the US after mid-Feb 2025, only if at least one parent is a US citizen or green card holder. (Notably, a temporary visa isn’t enough.)

Comments

jackjones23.bsky.social•36 days ago

You can tell this isn't a serious order because in order to implement this properly (like the UK), you need huge infrastructure like a federal government database keeping tracking of who's a citizen and procedures to determine parenthood. But Trump isn't doing any of that.

nintyfan1991.bsky.social•36 days ago

So, someone tell ACB about her Haitian children.

kevinharvey.bsky.social•36 days ago

Trump is only interested in the CON part of constitution!

rbuckl.bsky.social•36 days ago

So he violated his oath of office on the 1st day. I’m so surprised.

joshtpm.bsky.social•36 days ago

Correct. Secondary but still real issue. If this could be done by EO or even statute for that matter, then the citizenship of literally everyone born in the US is in question subject to retrospective proof of citizenship of parents at the time of birth.

scottjohnson.wtf•36 days ago

questioning *anyone’s* citizenship is not a bug in their plans, it is a feature

jackjones23.bsky.social•36 days ago

Obviously, Trump isn't questioning his own citizenship.

filipspagnoli.bsky.social•36 days ago

This is going to be a doozy of a case of fuck around and find out. But the finding out bit will be for the little people who haven’t asked for anything.

sixtywattscott.bsky.social•36 days ago

#DeportBarron

normative.bsky.social•36 days ago

This is not the biggest problem, to be sure, but it is by no means a small problem. About 40% of US births are to single mothers. In a huge number of those cases, there’s no father listed on the birth certificate.

normative.bsky.social•36 days ago

Not seeing national data on a quick search, but in Minnesota, about 11% of births each year have no father listed. https://datacenter.aecf.org/data/tables/1796-children-born-with-no-father-listed-on-the-birth-certificate

whyambee.bsky.social•36 days ago

I expect a version of some patterns of 'stan' republics in fSU. then, the state forbade polygamy and supported repeated motherhood. so in some 'large' families the kids were assigned to one woman (the official wife), with a lot of benefits for her.
expect some US men to 'father' many kids on paper.

lbschoenberg.bsky.social•36 days ago

This is a big problem. Of the 74 million children in the US right now, according to the Migration Policy Institute, about 17 million US citizen children hafe ar least one undocumented parent. https://data.unicef.org/how-many/how-many-children-under-18-are-there-in-the-us/

https://www.migrationpolicy.org/programs/data-hub/charts/children-immigrant-families

lbschoenberg.bsky.social•36 days ago

This is relevant to the constitutional analysis. The plain language of the 14th Amendment, Section 1 and US v Wong Kim Ark should control the EO’s constitutionality, but if the Supreme Court somehow finds those authorities ambiguous, the difficulties implementing the EO may dissuade S Ct justices 2/

lbschoenberg.bsky.social•36 days ago

From upholding an expansive interpretation of the EO that could infringe upon individuals’ constitutional rights. If this EO (or ensuing EOs), impairs either parents or children’s rights retroactively, moreover, the EOs may raise additional due process concerns, and affect many more people. 3/

doremus-schafer.bsky.social•36 days ago

I mean, I'm not denying that this is going to negatively affect a lot of children, but...you do realize that there are a large number of countries around the world that do _not_ have birthright citizenship and have to determine the citizenship of children based on similar rules as this?

normative.bsky.social•36 days ago

Yes, and those countries generally have an actual infrastructure dedicated to determining parental citizenship, not just “lol, new rules start next month, figure it out.”

doremus-schafer.bsky.social•36 days ago

justinlawguy.bsky.social•36 days ago

Lol new rules start next month, figure it out, is effectively how the Supreme Court operates on a regular basis.

justinlawguy.bsky.social•36 days ago

My guess is that yhe answers are pretty straightforward - if only an illeligible mother is on the birth certificate, a rebuttable presumption will be created that the father does not bestow citizenship; if both parents are unknown, the rebuttable presumption is the baby is a us citizen.

lifestheonion.bsky.social•36 days ago

Does this apply to all the white, Russian anchor babies delivered in Florida?

andkenbrbr.bsky.social•36 days ago

During his first term Trump deported this guy that had been adopted, his family hadn't manage to officialize his citizenship. https://www.nbcnews.com/news/latino/i-m-american-adopted-u-s-parents-deported-brazil-n1014031

napoleon-the-pig.bsky.social•36 days ago

Even ignoring that, if you start gaming out in your mind if, say, all of your great great grandparents came to the US from abroad (w/o preexisting citizenship) and since then everyone since was born here, how would you prove you are a citizen to them? It's all but practically impossible.

napoleon-the-pig.bsky.social•36 days ago

Oh, and a PS for me, my mom's birth certificate for father lists "Pater Ignotus" as the father, Latin for father unknown.

sampeak.bsky.social•35 days ago

They would have to apply for Special Immigrant Juvenile status I guess?

historecluse.bsky.social•36 days ago

It is going to be lucrative to put American paternal names on birth certificates. There will be an interesting accumulation of impostership and misleading paperwork. Hussein Fancy’s wonderful work on The Mercenary Mediterranean gives a foretaste of what that might look like.

sailorjourno.bsky.social•36 days ago

U.S. becomes global epicenter of stateless children & child trafficking.

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