Despite specific language in the 14th Amendment making anyone born in the United States a U.S. citizen, the incoming Trump Administration seems determined to try to deny citizenship to those born in the U.S. to parents who were not in the U.S. legally. One crucial way of doing this would be to refuse to issue Social Security numbers to children whose parents aren't in the U.S. legally.
I think it would be a big job to investigate the immigration/citizenship status of the parents of every baby born in the U.S. The Social Security Administration isn't ready for such a task. The public isn't ready for the delays that would be associated with this. Still, watch out. This could be coming as early as January 21, 2025.
12 comments:
Not happening since…
The process for repealing or changing an Amendment is outlined in Article V of the Constitution, and basically requires at least 2/3 of both Houses of Congress to agree on the change, which must then be ratified (approved) by no less than 3/4 of all the states.
The amendment can’t be overturned by EO order. It’s a good headline but we live in planet earth.
Why just not do away with the entire Constitution!
Not everyone born in the US is a citizen now. Foreign diplomats or spouses of foreign diplomats are not US citizens automatically.
This would be great. Birthright citizenship is foolish and we are one of the only countries that does it. It's been abused and must be removed.
@12:55
35 nations, including pretty much all of North and South America, have birthright citizenship. So no, we are not "one of the only countries" that does it. The legislative history also makes it pretty clear we did it, unlike many countries in Europe, cause we wanted to encourage immigration, so it made sense at a minimum, at the time. Whether it no longer makes sense is open for debate, but doesn't change the reality of the intent at the time, which is binding until we decide to amend the constitution to remove it. Also, most of the "abuse" relates to things that do not depend on citizenship or not (due process, public education, etc.) so if those are your complaints, it's a separate issue as to birthright citizenship.
@10:31
Sure, except it only requires a majority of SCOTUS to overturn Wong Kim Ark and reject English Common Law, the basis for the current interpretation of Birthright citizenship. Don't get me wrong, I disagree with doing that, but there are way easier ways to destroy birthright citizenship than a constitutional amendment.
Please read carefully before spouting off. He’s not arguing that the next president will unilaterally change the Constitution. He’s noted that the next president has expressed intent to ignore portions of it concerning birthright citizenship to get the unconstitutional results he wants.
Good question! It can’t work when a majority of the population either doesn’t care enough to be engaged or lacks the intelligence and education to make informed choices. That’s precisely why we’re stuck with crap like tea parties and demagogues instead of competent statesmen.
Data match with DHS such as SAVE via USCIS already exists. While sometimes slow to respond, it takes much of the guesswork out of citizenship inqueries.
The 14th Amendment is obviously not specific enough for you to understand that it was speaking of someone who’s parent(s) were US citizens.
@6:23 Given the 14th amendment is entirely silent on anything regarding the parents, no, it's not "speaking of someone who[se] parent[s] were US citizens." It's regarding anyone who is born or naturalized subject to the jurisdiction of the US. It is entirely concerning the child's status as to subject to jurisdiction of the US, not the parents at all. That's also why a child's diplomatic immunity as child to a diplomat excludes them from obtaining citizenship by birth, not the diplomat parent's diplomatic immunity directly.
"Still, watch out. This could be coming as early as January 21, 2025." Nope, not watching for anything, absolutely nothing is going to happen to be watching out for. Quit with the fear mongering, it does nothing.
@6:23 quit lying, the 14th amendment was never about whether or not a person’s parents were citizens. It is clear as day in the text of the amendment as well as what the framers said about it. And the only way birthright citizenship will go away is if SCOTUS ignores all the law and precedent, which I will admit I am uncertain SCOTUS won’t do.
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