Here is Trump’s executive order by unilateral fiat ending birthright citizenship. I have read it carefully. It’s operative part states:
"It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth."
As you can see the executive order is not confined to those illegally in the United States. Those here legally, on things like student, work and tourist visas are equally impacted.
I present a horror story, or at least it would be viewed as such by decent people, where something like this will be inevitable under this policy.
Mr. and Mrs. John and Jane Smith are married. John is an American citizen serving in the American military. Jane is not yet a citizen, she is a foreigner legally in America on a student visa. They met, fell and love and got married. Jane quickly became pregnant. While Jane has started the process of naturalization, it is lengthy and her permanent status in America is still not yet finalized. Shortly after getting pregnant John received orders to deploy overseas in service of his country.
Near the end of her pregnancy term John is killed by enemy forces, protecting the United States against terrorism. The next day the baby is born and named baby Chris.
Per Donald Trump's executive order baby Chris is not an American. Yes, Chris had an American father but the father is not a citizen at the time of Chris's birth because the father was dead, killed in the service of a country that will now reject his child.
By executive order fiat Trump attempts to overrule 150 years of unchallenged understanding of the 14th Amendment's definition of birthright citizenship. The executive order unconstitutionally unilaterally reverses the Supreme Court case of United States v. Wong Kim Ark, which rather directly states:
"The child born of alien parents in the United States is held to be a citizen thereof, and to be subject to duties with regard to this country."
Trump claims birthright citizenship is denied under the 14th's words limiting birthright citizenship to those “subject to the jurisdiction” of the United States. Trump claims this excludes from citizenship the children of those here illegally or only temporarily. This position was considered and categorically rejected by the Supreme Court in Wong Kim Ark. The contemporary understanding of those words, and the interpretation of them ever since, is that they apply only to those by law immune to United States law, such as the children of foreign diplomats.
A simple question, if those here illegally or legally under temporary visas, are not subject to the jurisdiction of the United States does that mean they are immune from punishment by the United States if they break our laws? Surely Trump is not saying that that such people cannot be prosecuted when they commit criminal acts in this nation? But that is what saying they are not subject to the jurisdiction of the United States means.
Another point. Trump's executive order states that it applies "only to persons who are born within the United States after 30 days from the date of this order." If Trump’s position is the constitutionally mandated law of the land, how is that possible? How can it not have immediate effect? Indeed how can it not have retroactive effect to undo the citizenship of those the Trump position would require were never legitimate citizens to begin with?
Which brings us to another horror story. If this executive order stands expect MAGA bigots everywhere to challenge every vote cast by a person whose lifelong citizenship is subject to challenge under the reasoning above. I suggest this result is intentional and exactly what Donald Trump, and others backing this garbage desire.
