Trump's Executive Order Re-Defining Birthright Citizenship

[MissBarbara]

Anyone who listened to or read a transcript of Trump’s inaugural address knows that that speech was marked by three main hallmarks of his incoming administration: Xenophobia, isolationism, and a belief that no one exists who lives outside the U.S.

In that light, Trump’s following through on his promise to end the birthright citizenship guaranteed in the 14th Amendment and confirmed by the U.S. Supreme Court should come as no surprise to anyone, and his issuing of an Executive Order clearly confirms those three hallmarks.

Trump's stated goal is to deny U.S. citizenship to those who, in the minds of Trump and his supporters, are not “real Americans.” That’s why he’s seeking to re-define the 150-year old concept of “jus soli citizenship” (birthright citizenship based on place of birth). and to deny citizenship to “foreigners” and “outsiders.”

Trump clearly indicated his intentions in the title of his executive: “Protecting the Meaning and Value of American Citizenship.” It’s not a coincidence that the title of this Executive Order is a lie, since Trump’s goal is not to protect the Meaning and Value of American Citizenship; his goal is to change the legal definition and constitutional determination of American Citizenship.

Trump’s goal is to re-define the meaning of American citizenship to include both place of birth (jus soli) and the citizenship and legal status of the parents of a baby born on American soil. This is a completely novel interpretation of the 14th Amendment. The first sentence 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."

In the Executive Order, Trump focuses on the line “subject to the jurisdiction thereof.” This has traditionally been interpreted to mean the parents were foreign nationals representing other countries and who were present in the U.S. while performing their official duties. This caveat would apply to children born in the U.S. to ambassadors, consuls, and other officials of separate sovereign nations present as representatives of other countries.

In his Executive Order, Trump attempts to extend the definition of “subject to the jurisdiction thereof” to include:

“When that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”

And:

“When that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”

Trump's goals are clear: To defy 150 years of jurisprudence and deny natural-born U.S. citizenship to any child born on U.S. soil who is deemed a “foreigner.” While this Executive Order is not retroactive and applies only to children born after 30 days after the Executive Order was issued, it’s not a coincidence that this ban would have applied to Kamala Harris, since both of her parents were living in the U.S. on student visas, and neither was a United States citizen or lawful permanent resident at the time of her birth in the U.S.

Trump then outlines his policy for enforcing this new and historically unprecedented ban:

"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."

I give whoever drafted the text of this Executive Order begrudging credit for attempting to circumvent the text of the 14th Amendments and the Supreme Court decisions that have confirmed the text of the 14th Amendment. The Executive Order simply states that the federal government will not issue passports confirming their citizenship nor will it recognize legal birth certificates issued on the state or local level confirming their place of birth. By doing so, it forces opponents to sue -- and ultimately provoke a Supreme Court decision -- not on the text and legal interpretation of the 14th Amendment, but on the authority of the federal government to deny the issuance of passports.

Still, the net effect is the same. The tens of millions of people who had been legally deemed a U.S. citizen for the past 150 years will now be denied proof of citizenship, and access to all of the benefits granted to U.S. Citizens, including, of course, the right to vote. That's Trump's most overwhelming goal in this effort: To disenfranchise millions of Americans who might be inclined to vote for his or his party's opponents.

You can read the full text of the Executive Order here:

https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/

[Dudester]

Let me get the easiest part of this out of the way-one thing that Trump does that I don't like is that he is an isolationist,  I don't believe in isolationism. With that said, something Trump excels at is wielding financial power to get other countries to dance to his tune. Proof of this is Putin now calling for peace in the Ukrainian war.

And look at this:

For the past few years, the college interns running the White House had no clue how to deter or end war and the threat of Trump stepping into the oval office has made the improbable possible. As for proof that college interns, not senile mister poopy pants, calling the shots:

Go to 31:40 for the payoff:

As for the supposed "Xenophobia", 6 in 10 Americans see immigration as a major problem. Those who don't either don't pay attention or they are so far to the left that they want the worst to happen.

https://www.monmouth.edu/polling-institute/reports/monmouthpoll_US_022624/

https://thehill.com/homenews/campaign/4885895-mass-deportation-immigration-poll/

https://news.gallup.com/poll/647123/sharply-americans-curb-immigration.aspx

Now, let me get to the birthright citizenship issue. The 14th amendment is clear, if you are born in the US or are a naturalized citizen, you are a citizen. End of subject, period, finis. Trump will have a hard road ahead of him trying to end birthright citizenship as an executive order cannot override the US Constitution. Furthermore, the case will be tried in front of a Massachusetts judge and at the appellate level, also reviewed by judges in Massachusetts, with afore mentioned judges appointed by democrats. The case will, no doubt, be appealed to the US Supreme Court. Chief Justice John Roberts will side with the liberal judges, meaning that all it will take is one of the conservative justices to say: "Sorry Mr. Trump, the 14th amendment is clear on this."