"All person 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."
Amendment XIV Section 1.
A child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil (sic) and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States, by virtue of the first clause of the Fourteenth Amendment of the Constitution...
United States v. Wong Kim Ark, 169 U.S. 649 (1898)
The Conman in Chief issued an “executive order” on his first day in office which unlawfully attempted to nullify a bedrock principle of Constitutional law: Birthright Citizenship.
The Administrations argument is that Section 1 of the 14th Amendment only applied to former slaves and those living in the US who were either Citizens or permanent residents. Anybody else, according to their crackpot interpretation (e.g. undocumented immigrants) are not subject to our laws and so their children born in the US are not citizens.
Aside from the absurdity of overthrowing 100+ years of precedent, the prisons of the United States seem to be housing a lot of undocumented criminals who sure as h*ll seemed to be subjected to our laws. You could ask them.
You could ask the twelve Texas death row inmates who were undocumented if the law applied to them. Indeed, why not ask undocumented immigrants Humberto Leal Garcia, Edgar Tamayo Arias and Rubén Cárdenas Ramírez if they were “subject to the laws of the United States”. Oh wait, you can’t ask. THEY WERE EXECUTED IN TEXAS.
In every Court where this order was challenged the answer was the same: Are you nuts?
Several federal district court judges have found that Trump’s order violated the Constitution, and two federal circuit courts of appeals upheld injunctions blocking the order from taking effect.
Predictably, however, the Calvinball 6 Supreme Court actually agreed to grant a hearing instead of telling the conman to pound sand. As this is the same Corrupt GOP Six (h/t Josh Marshall) who rationalized the Texas illegal gerrymandered maps, I give a 50/50 chance that they will rule in Stephen Miller Tr*mps favor. As noted by Justice Brown Jackson:
In a solo opinion...she wrote that in the court’s version of Calvinball, “this Administration always wins.”
Let the games begin indeed.
