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Whether or not children of unauthorized immigrants have birthright citizenship was never ruled on. A 1898 case (United States v. Wong Kim Ark) ruled that children of permanent residents have birthright citizenship, but never said anything about unauthorized immigrants.
This supreme court could rule on it, which is probably gonna be that unauthorized immigrants are not "subject to the jurisdiction thereof", therefore, their children do not get birthright citizenship.
I mean that's the loophole they are gonna exploit, I don't agree with it, but that's what is gonna happen.
From opening arguments podcast they said that was intended if say Mexico or Canada invaded, the soldiers bring their wives who give birth, then those kids are not subject to the jurisdiction of the US and not to be granted citizenship.
Of course lawyers can twist anything and scotus is rigged, so expect that.
Fun fact (or rather, a not-so-fun fact)
Native Americans living in reservations used to be considered not "subject to the jurisdiction thereof" so they weren't given US citizenship, even thought their ancestors have been here before the first colonists. If that bullshit can happen, nothing is stopping this biased af supreme court to say that undocumented immigrants are not "subject to the jurisdiction thereof"
Also, conservative justices often cited this idea of "Original Intent". So they could argue that the original intent of the people who wrote the admendment was give only legal immigrants and their children the birthright citizenship, not people who sneaked in.
Theres so many loopholes they can exploit. They are the final say on what the constitution means, after all.
Couldn't Trump just declare it that it's an official act?
If they're not "subject to the jurisdiction", doesn't that mean they can just commit whatever crimes they want? Could they even be deported?
But that assumes the Republicans would be logical and consistent, when they are neither.
Nah.
If, say, a foreign countey invaded the us.
Ok, say, Canada invaded New York. People born in New York after Canada's invasion no longer have birthright citizenship. And let's say, the US had a federal abortion ban nationwide. You are born in Canadian Occupied New York. You are a woman. You accidentally got pregnant. No worries, you just get an abortion, its legal in Canada.
Okay a few month after you get the abortion, the US counterattacks and recaptures New York.
You are still not gonna be a US citizen.
But you got an illegal abortion. You are gonna go on trial for getting an illegal abortion.
Nope you are still not a citizen.
#Shenanigans.