isabelaalhadeff.bsky.social
Reporter at Mother Jones covering immigration, Latin America, and more. Falo português.
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https://www.motherjones.com/author/isabela-dias/
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Last year, I wrote a profile of Vought for @motherjones.com:
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10/ My full piece for @motherjones.com: www.motherjones.com/politics/202...
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9/ “What he’s saying is that even though there’s a guarantee of birthright citizenship,” laws professor Evan Bernick told me, “the president can kind of turn it off by declaring an invasion and try to remove whoever he says is invading…It’s not even a loophole, it swallows the entire guarantee.”
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8/ The Trump administration could also try to work around the ruling. Latching onto a line exempting the children “of enemies within and during a hostile occupation,” they might declare unauthorized immigrants are engaging in an “invasion” of the US and their children ineligible for citizenship.
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7/ Trump and his immigration restrictionist allies might invite the courts to revisit Wong Kim Ark, arguing the landmark SCOTUS decision merely applied to the children of legal immigrants like Kim Ark’s parents and never directly addressed the question of those born to unauthorized noncitizens.
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6/ The Court’s majority ruled that Kim Ark, the San Francisco-born son of Chinese immigrants, unable to naturalize, was a citizen, despite his parents’ ancestry and status. Had it not been for that case, one historian noted, the US would not be a nation of immigrants, but “colonies of foreigners.”
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5/ Opponents of birthright citizenship for the children of unauthorized immigrants have long toyed with the possibility of overturning or narrowing the Supreme Court decision in the 1898 Wong Kim Ark case reaffirming the guarantee of citizenship to virtually everyone born in the United States.
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4/ While Trump can’t amend the Constitution with the stroke of a pen, he appears willing to dispute more than a century of legal precedent and try to deal a blow to tradition and the bedrock constitutional principle of citizenship by place of birth. And there is a playbook, decades in the making.
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3/ The 14th amendment’s Citizenship Clause says “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.”
Most legal scholars consider the issue of birthright citizenship settled law.
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2/ Trump wasn’t convinced, saying the US-born children of undocumented immigrants shouldn’t be entitled to automatic citizenship. He thought many lawyers would agree with him. The first Trump administration didn’t test that theory. The second one likely will.