Good day all. One of the many Executive Orders signed by President Trump was one banning Birthright Citizenship for illegal aliens. Obviously, this is a major deal and there are some serious questions on the legality of it.
I won’t go into all the nuances of the EO. I did that in this post. There will be and now are legal challenges to the Executive Order. This, I expect, was anticipated by the Trump Administration and is what they wanted. There have been a number of questions on the 14th Amendment and birthright citizenship. However, it looks like some of the Republicans are putting together a bill to codify into law President Trump’s EO. Here are the details from Fox News:
House Republicans are moving to back up President Donald Trump’s executive order limiting birthright citizenship as it faces an expected flurry of legal challenges.
One way to lock in an Executive order is for the Congress to pass a bill that basically mimics the wording of the EO and the President then signing it into law. This would prevent future presidents from undoing the Executive Order that President Trump signed. That won’t stop legal challenges of course.
House Science and Technology Committee Chairman Brian Babin, R-Texas, is planning to introduce a new bill on the issue this week, Fox News Digital was told, with more than 20 GOP lawmakers already signing on to co-sponsor the effort.
As I started working on this post, I haven’t been able to find an actual house bill. I suspect they’re still working on the actual wording for it.
Babin told Fox News Digital that he saw an issue both with people coming over the U.S.-Mexico border illegally and having children here, and wealthier foreigners coming to the U.S. just to have children, colloquially known as “birth tourism.”
The reason for both types of groups coming here and spawning is simple. An American birth certificate shows that their child is an American Citizen. They can go into any embassy with that document and be issued an American passport. It doesn’t even matter if they’ve not lived a day in the United States since they were born or even speak English.
This is a far cry from women who immigrate lawfully to the United States, get a Green card and become productive members of American society. Unlike the illegals and the Birth Tourism women, these ladies are lawfully in the United States, they are obeying all American laws, and paying taxes. In other words, they have accepted the jurisdiction of the Federal Government. (That’s the big line in the 14th that everyone is talking about, All persons born or naturalized in the United States, and subject to the jurisdiction thereof)
Ending the current birthright citizenship policy in the U.S. has been widely seen as one of the most controversial, if not legally tenuous, executive actions Trump has taken so far.
Even I have certain questions and reservations regarding the EO. However, I’m glad he signed it. Now the courts will be forced to actually look at the 14th Amendment and the intent of the authors when they wrote it. As expected the ACLU promptly launched an attack on the EO and the whole idea of ending birthright citizenship.
ACLU executive director Anthony Romero said Trump’s move was “unconstitutional” and “a reckless and ruthless repudiation of American values.”
Now that’s amusing. The ACLU could not care less about American Values. They are, as an organization, dedicated to the destruction of the United States by using our own laws and Constitution against us and have been doing so since their founding over 100 years ago by Communists. About the only part of this I agree with is that this does need to be looked at by the Courts.
Babin said, “I welcome this lawsuit because we have to get this into the U.S. Supreme Court. It’s probably going to take several years for this to wind its way through the court system. But we want the U.S. Supreme Court to rule on this and give us a final ruling, because it has been misinterpreted.”
Like Trump’s order, his bill would limit birthright citizenship to babies born with at least one parent who is a U.S. citizen, lawful permanent resident, or a lawful non-citizen serving in the U.S. military. It would exclude children born to illegal immigrants or parents on temporary visas.
Which most people agree with. These are people with, as we say, “Skin in the game.” In many cases, the legal resident aliens are looking to become United States Citizens. The article then goes into how the current idea of Birthright Citizenship came into being. It revolves around an 1898 SCOTUS decision, United States v. Wong Kim Ark.
However, both of Wong Kim Ark’s parents were long term residents of the United States and Wong Kim Ark was born here. Under the 14th Amendment, while they were “Subjects of the Emperor of China,” they were under and accepted the Jurisdiction of the United States. Illegal Aliens and Birth Tourists do not accept the jurisdiction of the United States.
Babin is not expected to introduce his legislation as a constitutional amendment, given his disagreement not with the text itself but rather the interpretation of the 14th Amendment and the 1898 Supreme Court opinion.
No, that would only come about if the Supreme Court ruled against the EO and the potential legislation that Representative Babin is looking at writing.
Introducing it as an amendment could imply that the words in the Constitution themselves were thought to be flawed, Fox News Digital was told.
This is correct. Any new amendment would have to be carefully constructed to either modify the 14th or outright repeal it. (I think if one were written and ratified, it would be one that modifies it) One thing that many People of the Left, aka Leftards, aren’t considering is what the average American or Legal Resident Alien thinks of the EO. The last I saw, (And I don’t have citations for this at hand), they support the idea of ending birthright citizenship for the children of illegal aliens. Stay tuned, this is going to be one hell of a fight.
Thatisall
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