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18 States Sue to Stop Trump’s Birthright Citizenship Order
The New York Times ^ | Jan. 21, 2025, 12:53 p.m. ET | Mattathias Schwartz

Posted on 01/21/2025 11:41:06 AM PST by E. Pluribus Unum

Attorneys general from 18 states sued President Trump on Tuesday to block an executive order that refuses to recognize the U.S.-born children of unauthorized immigrants as citizens, the opening salvo in what promises to be a long legal battle over the Trump administration’s immigration policies.D.C.

The complaint, filed in Federal District Court in Massachusetts was joined by the cities of San Francisco and Washington, D.C.

The states view Mr. Trump’s attempt to limit birthright citizenship as “extraordinary and extreme,” said New Jersey Attorney General Matthew J. Platkin, who led the legal effort along with the attorneys general from California and Massachusetts. “Presidents are powerful, but he is not a king. He cannot rewrite the Constitution with a stroke of the pen.”

On Monday, in the opening hours of his second term as president, Mr. Trump signed an order declaring that future children born to undocumented immigrants would no longer be treated as citizens. The order would extend even to the children of some mothers in the country legally but temporarily, such as foreign students or tourists.

Mr. Trump’s executive order asserts that the children of such noncitizens are not “subject to the jurisdiction” of the United States, and thus aren’t covered by the 14th Amendment’s longstanding constitutional guarantee.

The order flew in the face of more than 100 years of legal precedent, when the courts and the executive branch interpreted the 14th Amendment as guaranteeing citizenship to every baby born in the United States, regardless of their parents’ legal status. The courts recognized only a narrow exception for the children of accredited diplomats.

But there are signs the judiciary could be divided on the issue. Judge James C. Ho, who Mr. Trump nominated to…

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; Politics/Elections
KEYWORDS: 18traitors; aaronford; alldemocrats; andreacampbell; brookejenkins; california; charityclark; citizenship; colorado; connecticut; dananessel; dc; delaware; domesticenemies; elizabethwalsh; enemieslist; enemyags; foreignagents; hawaii; insurrectionists; jeffjackson; jeremyfeigenbaum; joshkaul; keithellison; lawfare; letitiajames; maine; maryland; massachusetts; mattathiasschwartz; matthewgraves; matthewplatkin; michigan; minnesota; nevada; newmexico; newyork; northcarolina; partyoftreason; peterneronha; philmurphy; philweiser; raidtheirhomes; raidtheiroffices; raultorrez; rhodeisland; robbonta; roundthemup; sanfrancisco; sedition; seditionists; shankarduraiswamy; shefalisaxena; treason; vermont; vivianahanley; washingtondc; williamtong; wisconsin
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The Fourteenth Amendment gave the newly liberated slaves U.S. citizenship, but not the Native Americans. Native Americans were given U.S. citizenship by act of Congress, not the Fourteenth Amendment. Illegal aliens cranking out anchor babies do not have superior rights to the Native Americans.
1 posted on 01/21/2025 11:41:06 AM PST by E. Pluribus Unum
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To: E. Pluribus Unum

No standing.

L


2 posted on 01/21/2025 11:42:15 AM PST by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: E. Pluribus Unum

Why would any state care?


3 posted on 01/21/2025 11:43:01 AM PST by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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To: E. Pluribus Unum

The Supreme Court has ruled that constitutional Natural Born Citizens (NBC) must be born to parents who are legally in the U.S.

No per se constitutional “birthright citizenship”. Period.


4 posted on 01/21/2025 11:45:39 AM PST by Jim W N (MAGA by restoring the Gospel of the Grace of Christ (Jude 3) and our Free Constitutional Republic!)
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To: E. Pluribus Unum

Which 18 states, so we may know the enemy administrations?


5 posted on 01/21/2025 11:46:05 AM PST by Frank Drebin (And don't ever let me catch you guys in America!)
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To: E. Pluribus Unum

A few states forcing all states to shoulder the burden of unconstitutional “birthright citizenship” is a deal breaker.

The era of the “Great Federal Sugar Daddy” are over. We don’t have the money, and neither do these states. They go back. Anchor baby and all. I don’t care what any court says, Americans cannot should the burden of other states irresponsibility any longer, nor should they be forced to do so.


6 posted on 01/21/2025 11:48:36 AM PST by RFEngineer
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To: Jim W N

Does the President and/or the Supreme Court have authorization to amend the Constitution?


7 posted on 01/21/2025 11:49:16 AM PST by Kathy in OC
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To: BenLurkin

The 18 states are no doubt blue states. More population means more congressmen. Stacking congress.


8 posted on 01/21/2025 11:51:31 AM PST by calljack (Sometimes your worst nightmare is just a start.)
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To: E. Pluribus Unum
NO MORE BASTARDIZTION OF THE 14TH AMENDMENT!

Original intent of the 14th Amendment
Senator Jacob Howard (served on the Senate Joint Committee on Reconstruction, which drafted the 14th) clearly spelled out the intent of the 14th Amendment by stating:

"Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."

https://www.14thamendment.us/birthright_citizenship/original_intent.html

Sen. Lyman Trumbull, Chairman of the Judiciary Committee, author of the Thirteenth Amendment, and the one who inserted the phrase (All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the States wherein they reside):

[T]he provision is, that 'all persons born in the United States, and subject to the jurisdiction thereof, are citizens.' That means 'subject to the complete jurisdiction thereof.' What do we mean by 'complete jurisdiction thereof?' Not owing allegiance to anybody else. That is what it means.

Sen. W. Williams:

I understand the words here, 'subject to the jurisdiction of the United States,' to mean fully and completely subject to the jurisdiction of the United States.

https://www.14thamendment.us/articles/anchor_babies_unconstitutionality.html

Senator Jacob Howard states the intent of the Fourteenth Amendment published in the Congressional Record May 30, 1866.
https://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=11

We have, at a minimum, 3 different Senators who were involved in drafting the 14th Amendment, stating on record in Congress that subject to the jurisdiction can not, does not, apply to foreigners or aliens (even if here legally).

The only thing missing for correcting the wrong introduced in the 1960's, is political will. We must do the right thing, and return to original intent of the 14th!.

9 posted on 01/21/2025 11:52:01 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: E. Pluribus Unum

Ignore. Carry on with removals.


10 posted on 01/21/2025 11:52:31 AM PST by rktman (Destroy America from within ? Check! WTH? Enlisted USN 1967 to end up with this💩? 🚫💉! 🇮🇱👍!)
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To: Jim W N

Really? That certainly is not common knowledge on Free Republic, considering how many debates there have been on the subject of natural born citizenship over the years.

And many of those debates have discussed how the Supreme Court has never ruled on this.


11 posted on 01/21/2025 11:52:39 AM PST by Dilbert San Diego
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To: E. Pluribus Unum

Hopefully the fight is over while Trump is in office and his DOJ puts up a real fight for what’s right, with a hopefully sane SCOTUS to decide on it and be done with it.


12 posted on 01/21/2025 11:54:02 AM PST by Tell It Right (1 Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: E. Pluribus Unum
All of these states and cities hold Europe in high esteem and think we should be more like Europe. OK, let's follow the European approach to birthright citizenship...


13 posted on 01/21/2025 11:54:14 AM PST by ProtectOurFreedom (They were the FA-est of times, they were the FO-est of times.)
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To: Frank Drebin

The states that joined the suit are: California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont and Wisconsin.


14 posted on 01/21/2025 11:54:26 AM PST by MinorityRepublican
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To: E. Pluribus Unum

Sue them back. And start issuing daily EOs, each with slightly different wording, faster than they can issue new lawsuits. This lawfare business must be ended once and for all.


15 posted on 01/21/2025 11:56:04 AM PST by rightwingcrazy (;-,)
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To: Frank Drebin

**Which 18 states, so we may know the enemy administrations?**

6-3 SCOTUS. That’s us.


16 posted on 01/21/2025 11:56:33 AM PST by DIRTYSECRET
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To: E. Pluribus Unum

DC should have it’s “state” suing ability removed.

Where are the Red states countersuing these 16 states?


17 posted on 01/21/2025 11:57:40 AM PST by Jane Long (Jesus is Lord!)
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To: Kathy in OC
Does the President and/or the Supreme Court have authorization to amend the Constitution?

No.

The Constitution itself specifies the requirements to amend the Constitution.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress
U.S. Const., Art. V.
18 posted on 01/21/2025 11:57:49 AM PST by Jim W N (MAGA by restoring the Gospel of the Grace of Christ (Jude 3) and our Free Constitutional Republic!)
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To: Dilbert San Diego

And many of those debates have discussed how the Supreme Court has never ruled on this.


and that is the point. place your bets on the ruling.


19 posted on 01/21/2025 11:57:51 AM PST by PeterPrinciple (Thinking Caps are no longer being issued, but there must be a warehouse full of them somewhere)
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To: Lurker

Exactly! Wong Kim Ark was the harmed party in the 1898 case.


20 posted on 01/21/2025 11:58:30 AM PST by BigB60 (C. S. Lewis loves hobbits)
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