It would take an amendment to the Constitution to end birthright citizenship. We should do it, but it would take more than an EO or a law passed.
I don’t think so, it has been a policy based on a misinterpretation of the 14th. Congress can clarify that children born to illegal aliens do not fall under the protection of the 14th.
How so? Birthright citizenship was conjured up by SCOTUS in 1982. I wasn't aware that SCOTUS was given the power to Naturalize citizens...../s
You are correct, but other parts of the constitution have been ‘re-interpreted and not followed for years.
As I understand it, the problem is in interpretation & not the amendment itself.
Activist courts have interpreted citizenship for freed slaves to extend to spawn of successful infiltrators.
I don't know which mechanism could set it right but doubt that an amendment is needed.
Perhaps something as simple as an EO would force it back onto the court right after reversing Obi's steqaming pile of EOs and directives.
Nope, just a re-examining by the USSC. Birthright citizenship is mostly policy driven and not caselaw driven. Just need a solid challenge and it can be changed.
It'd be great if we could get a law narrowing the scope a bit, but it's probably not necessary. Courts have 'deported' children born here in custody cases. Whether the non-citizen parent desires to stay here or in their native country is irrelevant. Recent case, the citizen mother wanted to keep her citizen children in the US, the court sent the kids to live with their non citizen father.
Aside from the other replies you've gotten, it has long been a standard in the courts that you can not benefit from illegal actions. Strangely, the same issue with illegal aliens getting anchor babies is the same issue with burglars successfully suing homeowners for injuries that occurred during their crimes. Both should have been laughed out of court when first brought up. It will be interesting to see if any tort reform appears on Trump's agenda as well. Clear up some of that junk as well, and you'll effectively double the number of courts in the nation as the caseload is slashed due to the elimination of the lawsuit lottery or extortion suits.
“It would take an amendment to the Constitution to end birthright citizenship. “
The part of the Constitution- and many here could help me out on where it is - that addresses it would just need to be reinterpreted.
Wasn’t it some judge who granted these cockroaches “birthright citizenship” for their kids?
For the longest time, didn’t the law state that one or both parents had to be natural born or naturalized citizens to convey citizenship to their kids? That’s why children born here to foreign diplomats are not automatically U.S. citizens.