{"id":58183,"date":"2025-01-27T11:26:38","date_gmt":"2025-01-27T16:26:38","guid":{"rendered":"https:\/\/www.rightwinggranny.com\/?p=58183"},"modified":"2025-01-27T11:26:38","modified_gmt":"2025-01-27T16:26:38","slug":"the-lawsuit-filed-against-the-effort-to-end-birthright-citizenship","status":"publish","type":"post","link":"https:\/\/www.rightwinggranny.com\/?p=58183","title":{"rendered":"The Lawsuit Filed Against The Effort To End Birthright Citizenship"},"content":{"rendered":"

On Friday, The Daily Signal<\/a> posted an article about the lawsuit that has been filed to stop President Trump from ending birthright citizenship. In recent years, birthright citizenship has been the camel’s nose under the tent to allow children of other nations to attend colleges here and to pave a way for their parents to come here legally through chain migration.<\/p>\n

The article lists four of the problems with the lawsuit against ending the practice:<\/p>\n

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 <\/p>\n

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Error #1:<\/strong> The citizenship clause merely adopted the pre-Dred Scott common law<\/a> rule that everyone born in the United States is automatically a citizen.<\/strong><\/p>\n

In 1856, the Supreme Court <\/a>held in the infamous case of Dred Scott v. Sandford that the U.S.-born descendants of African slaves were not and could never become citizens, even though under the traditional common law rule, a person automatically became a citizen of the nation on whose soil he or she was born. The plaintiffs contend that the 14th Amendment\u2019s citizenship clause was intended to restore this earlier common law rule of universal birthright citizenship.<\/strong><\/p>\n

They support this claim with a single, highly edited quotation from Sen. Jacob Howard, a Republican<\/a> from Michigan, who was instrumental in drafting the citizenship clause: \u201cThis amendment \u2026 is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is \u2026 a citizen of the United States.\u201d<\/strong><\/p>\n

Error #2: This is an unprecedented action\u2014the executive branch has long recognized that it can\u2019t deny citizenship to children based on the immigration or citizenship status of their parents.<\/strong><\/p>\n

This assertion is only true if history begins in the first half of the 20th century. Unfortunately for the plaintiffs, it doesn\u2019t. In the decades following the ratification of the 14th Amendment, the federal government regularly articulated a view of the citizenship clause that\u2019s remarkably similar to that espoused in Trump\u2019s order, and the executive branch issued citizenship documents accordingly.<\/strong><\/p>\n

Error #3: The Supreme Court confirmed in Wong Kim Ark that the citizenship clause automatically bestows citizenship on the U.S.-born children of noncitizen parents.<\/strong><\/p>\n

Contrary to popular assertions, this is not what the Supreme Court held in the 1898 case of Wong Kim Ark v. United States. The question decided by the court in that case was far narrower: whether a child born in the U.S. to lawfully present and permanently domiciled immigrant parents was a U.S. citizen. And the court concluded that, indeed, the U.S.-born child of this narrow and specific subset of noncitizen parents is a citizen.<\/strong><\/p>\n

Error #4: The president\u2019s order will leave many children deportable and stateless.<\/strong><\/p>\n

It would rarely, if ever, be true that a U.S.-born child of illegal or nonpermanent resident aliens would be left stateless simply because he or she isn\u2019t automatically granted U.S. citizenship. Virtually every nation (including the United States) recognizes some manner of citizenship \u201cby blood,\u201d under which a child is automatically eligible for citizenship when one or both parents are citizens, even if that child is born abroad.<\/strong><\/p>\n

Please follow the link above for further details. This battle will probably eventually make its way to the U.S. Supreme Court. It will be interesting to see how the Justices rule.<\/p>\n<\/div>\n

 <\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

On Friday, The Daily Signal posted an article about the lawsuit that has been filed to stop President Trump from ending birthright citizenship. In recent years, birthright citizenship has been the camel’s nose under the tent to allow children of … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[11845,9365,10397],"class_list":["post-58183","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-14th-amendment","tag-birthright-citizenship-in-the-united-states","tag-the-daily-signal"],"_links":{"self":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/58183","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=58183"}],"version-history":[{"count":2,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/58183\/revisions"}],"predecessor-version":[{"id":58195,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/58183\/revisions\/58195"}],"wp:attachment":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58183"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58183"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58183"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}