Trump aims to end birthright citizenship, says American citizens with family here illegally may be deported

[BumRushDaShow]

Source: NBC News

Dec. 8, 2024, 9:00 AM EST


President-elect Donald Trump said in an interview with “Meet the Press” moderator Kristen Welker that “you have no choice” but to deport everyone who is illegally in the United States, including possibly removing the American citizen family members of those deported.

Trump also said he will move to end birthright citizenship — long enshrined in the 14th Amendment of the Constitution — which would strip rights from those born in the country to undocumented parents.

But, he said, he is open to working with Democrats to pass legislation that would ensure Dreamers — undocumented immigrants who entered the United States as children — would be able to remain in the country.

Trump’s comments about his mass deportation plan, a key promise of his presidential campaign, were the most expansive since he won the election in November. The program, he said, will begin with undocumented immigrants who have committed crimes and then advance to “people outside of criminals.” He did not detail which crimes would be included.

Read more: https://www.nbcnews.com/politics/donald-trump/trump-aims-end-birthright-citizenship-says-american-citizens-family-il-rcna183274

[bucolic_frolic]

1. So if these people were to apply for a passport, in any country, they couldn't

because they have no birthplace and are not a citizen of anywhere?

[BumRushDaShow]

2. 14th Amendment Sect. 1 (re: "birthright citizenship" )

14th Amendment

Section 1.

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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

(snip)

https://www.law.cornell.edu/constitution/amendmentxiv

Full stop.

[bucolic_frolic]

3. Yes, I understand the Constitution, I mean when Trump gets done with

this obsession he has with ending birthright citizenship.

So they will still be legal citizens, and can point to the Constitution, but they'll be deported. According to Trump.

He is TSF.

[BumRushDaShow]

6. Oh I know you know

and it will be up to the SCOTUS to "know" and ACCEPT what it says in the Constitution, or otherwise throw it out. And if they cavalierly throw it out, then they throw themselves out with it.

The problem here is the M$M keeps accepting nonsense from the GOP as if it is "fact" and even "possible", while trying to take cover with weasel phrases like what was in this article "long enshrined in the 14th Amendment of the Constitution" or more generally, they'll just dryly regurgitate the "said without evidence" standard retort, and will move on without breathlessly correcting the record like they do to Democrats, while still promoting the GOP lies.

[groundloop]

5. tRUMP must have missed the part in middle school about how to amend the Constitution.

[bucolic_frolic]

7. Amend tool is Sharpie. Make the world do what Trump wants. /nt

[The Mouth]

23. The argument I always hear from them is

that this was entirely about legitimizing Black slaves, who were not often considered citizens by southern states.

I wonder how this might play with the huge Cuban population in Florida?

To me, it seems about as unambiguous as anything could be: born here = citizen.

[BumRushDaShow]

33. That was part of why it was put in place

although the enslaved (and their descendants) were not only NOT considered "citizens", but were not even considered "humans" and were instead designated as "property" (i.e., the term "chattel slavery" ).

See "Dred Scott v. Sandford" -

Facts of the case

Dred Scott was a slave in Missouri. From 1833 to 1843, he resided in Illinois (a free state) and in the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1820. After returning to Missouri, Scott filed suit in Missouri court for his freedom, claiming that his residence in free territory made him a free man. After losing, Scott brought a new suit in federal court. Scott's master maintained that no “negro” or descendant of slaves could be a citizen in the sense of Article III of the Constitution.

(snip)

Conclusion

7–2 decision for Sanford
MAJORITY OPINION by Roger B. Taney

Held portions of the Missouri Compromise unconstitutional in violation of the Fifth Amendment, treating Scott as property, not as a person.

(snip)

The majority held that “a negro, whose ancestors were imported into [the U.S.], and sold as slaves,” whether enslaved or free, could not be an American citizen and therefore did not have standing to sue in federal court. Because the Court lacked jurisdiction, Taney dismissed the case on procedural grounds.

I expect it would have also covered those illegal European immigrants who were or became indentured servants.

[wnylib]

26. Can't change that without an amendment.

[SunSeeker]

4. 60% of Americans support birthright citizenship.

https://thehill.com/blogs/blog-briefing-room/4038988-most-americans-support-birthright-citizenship-after-trump-threatens-to-end-it/

[bucolic_frolic]

8. Why is The Hill even going there?

Birthright citizenship is bedrock Constitution. It's as bedrock as the Bill of Rights. To end it, you would have to amend the Constitution. It's not an executive order thingy.

[SunSeeker]

16. I guess the point is, with that kind of support for birthright citizenship, amending is unlikely.

There would have to be a groundswell of support to amend the Constitution to delete birthright citizenship from it. And that is simply not there. So in other words, there is no way birthright citizenship is going away.

Hell, we can't even amend the Constitution to add the ERA, and 75% of Americans support the ERA.

[The Mouth]

24. The Constitution means what SCOTUS says it means, unfortunately :-(

[wnylib]

27. F--- SCOTUS. The 14th amendment is clear.

No pretzel twisting ruling can make it into what it isn't. I do not believe that blue states would obey a ruling that would remove birthright citizenship.

[eggplant]

19. Only 60%?

That's truly awful.

[SunSeeker]

20. Only 67% think democracy is th best form of government.

https://today.yougov.com/politics/articles/48238-most-americans-support-democracy-and-oppose-dictatorship

Sadly, about 30-40% of Americans are horrible people.

[róisín_dubh]

30. I'm surprised it's that high.

I'm of the opinion the overwhelming majority of Americans are thick as pigshit and will do/think/buy whatever TikTok tells them to.
To be fair, it is not much better in England, but the education system is at least better primed to educate the population. I know US teachers try hard, the deck is stacked.


But to get to your real point, like how far back do we go? Is this retroactive? Because, all my great-grands came out without much paperwork and literally no right to be in America. I could really use an Irish passport right about now (UK visa fees are extortionate). So, my grandparents were all anchor babies, are their citizenships stripped retroactively? How about my parents, they'd have thusly been born to non-citizens by this logic.
How far back do we take this? And then how far forward?
I digress and am being facetious, yes. But these people...

[erodriguez]

35. This poll is the media targeting US citizenship

Would they run a poll seeing if the freedom of religion or speech is popular? They are the same thing as birthright citizenship, an inalienable right of any person born in the US.

[Dem4life1970]

9. He obviously needs to google "How do I change a constitutional amendment"

...and see if he can find enough Democrats to help him with 2/3 in both houses of congress. Or 34 states ratifying this and calling for a constitutional convention (Harris won 19 states plus DC so he would need blue states to sign on to this). Good luck with that. Another right wing fever dream that won't go away....

[cstanleytech]

21. Yup and unfortunately illegal immigrants are a tool by the Republicans in office to distract the voters.

It's the same tool Hitler used when he blamed the Jews and Roma in Germany before WWII and he used it to gather support that allowed for inhumane atrocities to be carried out.

[Marthe48]

10. traitor wiping his whole body with the Constitution

with his packed court and packed legislature letting him do it

[City Lights]

11. He must start with his own family.

Some of them are what his ilk likes to call "chain migrators." Was Barron's mommy even a citizen when he was born?

[BumRushDaShow]

12. Or was his own "off the boat" mother?

(supposedly she wasn't when his older brother was born IIRC)

[cstanleytech]

13. Nope, she didn't become one until July 2006 and Barron was born in March.

[Retrograde]

17. When did wife #1 become a citizen?

Are DonJR and Ivanka citizens under his new definition? Do both parents have to be citizens at the time of one's birth, or just one?

And will the new rules apply to Elon and Vivek?

[SomewhereInTheMiddle]

32. No need to look to his wife. Is Trump a citizen?

Trump's father was born in New York of two German immigrants - birthright citizen. Trump's mother was born in Scotland of Scottish parents. She was naturalized int he US four years before Donald was born, but if the birthright citizen aspect of the 14th is not valid is the naturalized aspect?

Trump is a birthright citizen directly through his mother and once removed (transitive property of citizenship?) through his father?

Not going to delve deeper to find his children's questionable citizenship.

From Trump's perspective I wonder who a legitimate citizen is and based on what.

I fear for us all.

[cstanleytech]

14. Snowballs chance in Hell of getting the needed number of States to Amend the Constitution.

[uncledad]

15. Get on the bus Melania!

[LisaL]

22. He could very well be eager to replace her

with wife #4.

[sheshe2]

28. Alina Habba perhaps?

He just announced he wants her as his very 'Special' counsel.

Trump picks his lawyer Alina Habba to serve as presidential counselor

President-elect Trump selected his personal lawyer Alina Habba to serve as counselor to the president in his incoming administration, per a Sunday evening announcement.

Why it matters: It's the latest example of Trump giving top administration roles to lawyers who've defended him in court. Habba has represented him in some of his most high-profile civil cases.

What he's saying: "Alina has been a tireless advocate for Justice, a fierce Defender of the Rule of Law, and an invaluable Advisor to my Campaign and Transition Team," Trump said in a statement.

"She has been unwavering in her loyalty, and unmatched in her resolve – standing with me through numerous 'trials,' battles, and countless days in Court," he added.
"As a first generation American of Middle Eastern Heritage, she has become a role model for women in Law and Politics, most recently being named Chaldean Woman of the Year."

https://www.axios.com/2024/12/09/trump-lawyer-habba-counselor-president

[sakabatou]

18. He must reeeeaaaallly hate the Constitution then

[Old Crank]

25. Ship him and his family off first.

They are all birthright citizens.

[exboyfil]

29. What I understood

Is that children who are US citizens can remain in the country either with legal resident/citizen guardians or other in our foster care system. That is a bit different than characterizing them as being deported with their parents. They will retain all the rights and responsibilities of US citizens.

[Kablooie]

31. SCOTUS determines what the Constitution means, it doesn't have to be amended.

They just have to reinterpret any clause in some fucked up way and from then on, that's what the Constitution means.

It was written originally to apply to people who had been slaves so they couldn't be driven out of the country.
Maybe they could use an extreme originalist interpretation and declare it only applies to the original people it was written for, not subsequent generations. The interpretation up to now has been wrong.

[erodriguez]

34. The media is targeting birthright citizenship

https://democraticunderground.com/100219803470

[travelingthrulife]

36. Elon and Melania first!