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Trumps Executive Order On Illegal Immigrants Having Children In The US In Removing (Birthright Citizenship) Will It Stand?

Truth7t7

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Will the children of illegal immigrants born in the USA have their citizenship removed?

14th Amendment Citizenship Clause:

"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."
 

A2SG

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Will the children of illegal immigrants born in the USA have their citizenship removed?

14th Amendment Citizenship Clause:

"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."
I guess we'll see if the current SCOTUS is beholden to the Constitution, or to Trump.

-- A2SG, anyone taking bets?
 
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Nithavela

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I guess we'll see if the current SCOTUS is beholden to the Constitution, or to Trump.

-- A2SG, anyone taking bets?
They did oppose Trump on a couple of issues, and this one is as clear as it gets.

The question isn't really if the SCOTUS will block this. It's if it will survive blocking this.
 
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Truth7t7

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I guess we'll see if the current SCOTUS is beholden to the Constitution, or to Trump.

-- A2SG, anyone taking bets?
I believe the court will rule in favor of the children born in the US in birth right citizenship, the 14th amendment is plain and clear

"All persons born or naturalized in the United States"
 
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Maria Billingsley

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Will the children of illegal immigrants born in the USA have their citizenship removed?

14th Amendment Citizenship Clause:

"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."
The process for amending the Constitution is specifically outlined within the Constitution itself. It requires a two-thirds vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the states.
Literally impossible!
Blessings
 
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Postvieww

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14th Amendment to the U.S. Constitution: Civil Rights (1868) The 14th amendment was originally enacted to protect those who were slaves. “Following the Civil War, Congress submitted to the states three amendments as part of its Reconstruction program to guarantee equal civil and legal rights to Black citizens. A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.” If context matters Trump will be upheld on this. Originally it was never intended for illegal aliens.
 

Infirmus

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I read that he's going to start with Chicago, where most Polish illegals reside.



This is quite funny as most Polish-Americans voted for Trump. Oh, well... with our low birthrates increasing the population of the Old Country with people who are actually Polish is a gift. Send them home, Mr Trump! :)
 
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wing2000

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14th Amendment to the U.S. Constitution: Civil Rights (1868) The 14th amendment was originally enacted to protect those who were slaves. “Following the Civil War, Congress submitted to the states three amendments as part of its Reconstruction program to guarantee equal civil and legal rights to Black citizens. A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.” If context matters Trump will be upheld on this. Originally it was never intended for illegal aliens.


Additional history and context:

Historian Heather Cox Richardson writes:

"In 1868, in the wake of the Civil War, as southern states were passing laws that relegated Black Americans to subservience, Americans added the Fourteenth Amendment to the U.S. Constitution to enable the federal government to override those discriminatory state laws. The Fourteenth Amendment provided that “[a]ll 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,” and then it charged the federal government with guaranteeing that no state could “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.”

The Fourteenth Amendment made it clear that being born in the United States made someone a United States citizen.

That clarity meant that the Supreme Court reinforced the amendment’s intent, even in the late nineteenth century during a period of anti-immigrant sentiment that was most virulent against the Chinese who made their way to American shores.

In 1882, Congress passed the Chinese Exclusion Act, prohibiting the immigration of workers from China. Thirteen years later, in 1895, Wong Kim Ark, an American-born child of Chinese immigrants, was denied reentry to the U.S. after a visit to China. He sued, arguing that the Fourteenth Amendment established birthright citizenship, and he won. In the 1898 United States v. Wong Kim Ark decision, the Supreme Court determined that the children of immigrants to the U.S.—no matter how unpopular immigration was at the time—were U.S. citizens, entitled to all the rights and immunities of citizenship, and that no act of Congress could overrule a constitutional amendment."


 
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Laodicean60

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I read that he's going to start with Chicago, where most Polish illegals reside.



This is quite funny as most Polish-Americans voted for Trump. Oh, well... with our low birthrates increasing the population of the Old Country with people who are actually Polish is a gift. Send them home, Mr Trump! :)
I didn't realize we had a lot of Polish illegals in the USA.
 
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Infirmus

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I didn't realize we had a lot of Polish illegals in the USA.

Well, compared to the overall number of illegals it's not a lot - about 100,000 - but still, it's a city the size of Koszalin. :) Send them home!
 
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Belk

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14th Amendment to the U.S. Constitution: Civil Rights (1868) The 14th amendment was originally enacted to protect those who were slaves. “Following the Civil War, Congress submitted to the states three amendments as part of its Reconstruction program to guarantee equal civil and legal rights to Black citizens. A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.” If context matters Trump will be upheld on this. Originally it was never intended for illegal aliens.
Wong Kim Ark and the SCOTUS disagree. While it is possible the current court could overturn the ruling, it will be hard tocome upwith valid reasoning based simply on an EO.
 
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BCP1928

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I didn't realize we had a lot of Polish illegals in the USA.
Around Chicago, anyway. They're illegal, but many of them are skilled workers--machinists, etc. And, of course, they are white. I don't think they are in any danger at all.
 
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Laodicean60

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And, of course, they are white. I don't think they are in any danger at all.
Thank God because I'm tired of the persecution of white men for 15 years. White man this white man that coming from, virtue signaling white men.
 
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Goonie

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Just think if the supreme Court does rule that all people only refers to the former slaves, because that was the alleged intent of the writers, I wonder what other parts of the constitution can be reinterpreted?

The 14th amendment plainly states if your born in the USA subject to the Jurisdiction of the USA(unlike diplomats) then your a citizen end off. Il
 
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BCP1928

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Thank God because I'm tired of the persecution of white men for 15 years. White man this white man that coming from, virtue signaling white men.
OK, but where does the 15 years come from?
 
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Maria Billingsley

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14th Amendment to the U.S. Constitution: Civil Rights (1868) The 14th amendment was originally enacted to protect those who were slaves. “Following the Civil War, Congress submitted to the states three amendments as part of its Reconstruction program to guarantee equal civil and legal rights to Black citizens. A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.” If context matters Trump will be upheld on this. Originally it was never intended for illegal aliens.
This subject is an ongoing Constitutional debate but as I see it, the 14th Amendment applies to all persons within the jurisdiction of the United States, not just former slaves. This includes those who are born here with undocumented parents.
Your quote in black is not from the Constitution , it is an overview from an archivist. But if you wish to use this to stress your point of upholding this claim please take into account the word " thereby". It indicates that something happens as a result of something else. In this case " all persons" in context means just that, " all persons" and as a result of " all persons " it includes slaves.

My take on the matter of context!

"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."
 
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Laodicean60

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OK, but where does the 15 years come from?
I noticed the media during the Obama admin but it started bothering me because of my "white" grandchildren later on. In their blood that you can't see they are more multicultural than 90% of Americans.
 
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BCP1928

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I noticed the media during the Obama admin but it started bothering me because of my "white" grandchildren later on. In their blood that you can't see they are more multicultural than 90% of Americans.
What form does this persecution take? I'm white, but I don't have any sense of being persecuted myself.
 
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Laodicean60

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What form does this persecution take? I'm white, but I don't have any sense of being persecuted myself.
Verbal persecution and for those who virtue signal you probably don't see it. The media gives a negative view of "white men" just like you did in your post. Not all "white men" are racist I don't give a crap what others think of me but where it bothers me is for my "white" grandchildren because when you see them you'd automatically assume they are racist until they virtue signal otherwise. There are racists in all of the rainbow.
And, of course, they are white. I don't think they are in any danger at all.
 
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JSRG

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Just think if the supreme Court does rule that all people only refers to the former slaves, because that was the alleged intent of the writers, I wonder what other parts of the constitution can be reinterpreted?

The impetus was to deal with former slaves and reverse the controversial Dred Scott decision (where the Supreme Court claimed that black people are actually constitutionally forbidden from being citizens), but it's very obvious the intent of it was clearly broader. It's why at least one congressman complained in the debates that they thought it would be a bad idea to make people like Chinese or Gypsies citizens just for being born in the US.

As was noted in this (fairly lengthy (almost 70 pages) but very useful article on the issue that I really recommend to anyone interested in the issue):

"The question of U.S.-born children of immigrants (especially Chinese immigrants) arose directly in the Amendment’s drafting debates... Technically, the debate proceeded on Doolittle’s motion, but Pennsylvania Senator Cowan interjected a long speech questioning the broader wisdom of Howard’s proposal. Specifically, he asked (rhetorically, it seems) about its extension of U.S. citizenship to the children of Chinese immigrants and to “Gypsies” (whom he described as wandering bands that did not respect the local laws or customs). California Senator Conness responded specifically on the issue of the U.S.-born children of Chinese immigrants, acknowledging that Howard’s proposal would make them U.S. citizens and arguing in favor of that result."
(page 447)
 
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