Maybe. There was only one key case on this in the late 1800s, involving a boy born to Chinese parents. However, all immigration at the time was legal, so his parents were in the country legally. There has never been a case that discusses whether illegal immigrants children have a constitutional right to citizenship. The citizenship clause of the 14th Amendment states: "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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State 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."Violating his oath to defend the Constitution on day one…
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Presidents Can’t End Birthright Citizenship
President Trump's executive order is almost certain to be struck down.www.brennancenter.org
President Trump claimed to end birthright citizenship on the first day of his second term. Trump’s executive order is unconstitutional, in direct conflict with the plain language of the 14th Amendment and over a century’s worth of Supreme Court case law. It will be litigated immediately and its prospects of surviving those court fights are slim, even before a Supreme Court stacked with conservative justices and Trump appointees.
Before getting into the merits of the constitutional case against Trump’s executive order, it’s worth pausing to stress the brazenness of what he has done. Every new president swears to uphold the Constitution. Only minutes after taking that oath, President Trump violated it — flagrantly.
The questions is what "subject to the jurisdiction thereof" means, and if it somehow disqualifies a child born to parents who are in the country illegally from citizenship.
I think the Supreme Court has a lot of wiggle room as this specific issue has never been decided, and they may be able to create a distinction. I tend to agree the order likely won't survive, but I also thought the court would never overturn the right to privacy (even though I think it was flawed judicial activisim in the first place).
I don't have a problem stopping illegal immigration, but only if we put in a more robust process to legal entry, as the pyramid schemes we are running (Social Security, national debt, etc.) need a large increase in population to keep the scam running and more suckers to buy in. And the birth rate has been below the death rate since the late 70s, so we need immigration to fill the void.