March 14, 2025

Trump Goes to SCOTUS to Implement Immigration Rule

Timothy Birdnow

Trump moves inexoribly towards ending birthright citizenship.


Trump Admin Asks Supreme Court to Allow Executive Order on Birthright Citizenship to Partially Take Effect


FTA:

The order reads: "It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”

Trump is now asking SCOTUS to allow him partial implementation.

Birthright citizenship is both highly unusual and just plain ridiculous. You can't find other countries practicing it (there may be one or two but as far as I know the U.S.is the only one) and that never happened until the Constitution was amended to protect freed black slaves. It was never intended to make citizens of invading aliens or foreign agents. And in fact the children of diplomats or others who are "subject to the jurisdiction" of a foreign power - which illegal aliens most assuredly are subject to.

It is interesting to note that the huge influx of immigrants in the late 19th century largely dovetailed with the widespread interpretation of the fourteenth Amendment to guarantee citizenship to anyone born here.

And SCOTUS has never ruled on this. Lower courts only, and none of them have ever ruled on it as a constitutional matter but primarily in practicality over specific cases.

Right now citizenship is like scoring a touchdown in football; you just have to break the plain of the end zone to win. If a pregnant woman slides feet-first to the border and her bottom breaks the plain of the boundary her kid becomes a U.S. citizen. It's just mind-blowingly ridiculous. Maybe "citizen birthing" should become the new national sport, with pregnant women racing to score and win the big prize!

At any rate if SCOTUS does not grant this I fear it signals they won't take the case or will decide against Trump.

We need to settle this once and for all.

Posted by: Timothy Birdnow at 09:59 AM | No Comments | Add Comment
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