Summary

Donald Trump has pledged to end birthright citizenship through an executive order if re-elected, targeting the 14th Amendment’s provision that grants citizenship to all born in the U.S.

Critics argue this policy would defy the Constitution, specifically its post-Civil War intent to ensure citizenship for former slaves.

Legal experts widely agree that the Amendment’s language includes children born to undocumented parents, but Trump’s proposal could lead to an immediate legal battle.

The policy would require federal agencies to verify parents’ immigration status, complicating access to Social Security numbers and passports for U.S.-born children.

  • MerrySkeptic@sh.itjust.works
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    9 days ago

    Unpopular opinion here, perhaps, but I don’t see the logic of birthright citizenship beyond its original intent of granting citizenship to former slaves. I actually think ending it might help some of the border crisis stuff. What other countries have it? The idea that at least one parent needs to be a citizen does not sound insane to me.

    I think adding a legal unskilled temporary worker status might also mitigate the humanitarian issues.

    What am I missing?

    • xmunk@sh.itjust.works
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      9 days ago

      First off it really really fucking sucks to be stateless.

      Secondly, if you grew up in America and got an American education, you’re American enough for me. We’ve invested a big chunk of money into training you so it’d be swell if you’d put that education to use in the American economy.

      Lastly, as one of the favorite shirts on res points out - why the fuck do you assume you’re American anyways:

      Original Homeland Security

      • MerrySkeptic@sh.itjust.works
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        9 days ago

        Honest question, do most countries in the Americas withhold citizenship from children born to citizens of that country who happen to be abroad? I’m just trying to understand how big the stateless thing would be

    • Billiam@lemmy.world
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      9 days ago

      What other countries have it?

      Countries influenced by English common law, so nearly every country in North and South America, Australia, and Europe.

      You can’t possibly see the downside of people being born in your country but not having the same rights as citizens? What makes you think slavery wouldn’t return if it were ended?

    • jacksilver@lemmy.world
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      9 days ago

      You should really read up on things like H1B visas then. They were for skilled workers and still got abused in a variety of ways including to suppress wages and get more or less indentured workers. I know places like GameStop loved them because the person would basically forfeit their visas if they quit so could abuse them more than a regular worker.

      The more power an employer has over a worker and the less rights people who live in the country have, the worse it will be in general.

    • dragontamer@lemmy.world
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      9 days ago

      English common law: a citizen is born in a land and that land was owned by a king. As such, the citizen and the land are like one. Citizens based upon birth are owed protection by the local king, while the local king is owed the work of said citizens.

      The tradition of birthright citizenship is far older than the 14th Amendment. People were arguing about this crap in the middle ages.

    • AbidanYre@lemmy.world
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      9 days ago

      Cool, you still can’t override a constitutional amendment via executive order if you want to pretend that law matters.