Trump tries to end birthright citizenship with an executive order (1 Viewer)

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    I think this deserves its own thread. Perhaps we can try to migrate discussion from the other thread to this one.

    Here is the Executive Order:


    The order presents itself on existing good-ground to exclude children of unlawful immigrants, but that's false - the term "subject to the jurisdiction thereof" does not have an ambiguous history.

    Twenty-two states and others filed immediate lawsuits to suspend and ultimately rescind the order.

     
    Alito, Thomas and Gorsuch may ignore the constitution, but the other 6 won’t. I think even Alito and Gorsuch will rule lawfully. Thomas is the one most likely to rule illogically.
    Barrett , IIRC, has signaled some softness on this issue already. I don’t give Alito nor Gorsuch any credit any longer.
     
    Barrett , IIRC, has signaled some softness on this issue already. I don’t give Alito nor Gorsuch any credit any longer.
    It seems to me that Barrett is very right-wing with respect to abortion, but more reasonable on other matters. She’s still the next most likely, but Kavanaugh is very unlikely to ignore the constitution and no way Roberts will.
     
    It’s kind of crazy to me that Judge Coughenour would ask “where were the lawyers?” - when it’s very obvious that Trump has engineered his team to exclude any lawyer that would counsel against any of his instincts.

    Has the judge not been paying attention?

    I think he has been paying attention. I think he clearly wanted to point this out as not usual process/proceeding.....
     
    It's probably his way of getting, at least, three of his kids out of his way.

    Wasn't his Mom and illegal or was it his grandmother?
     
    A month and a half before she was due to give birth, Duilanyela started having contractions andwas rushed to the hospital, where doctors performed an emergency C-section and hysterectomy.

    The undocumented Venezuelan woman had been grieving her son’s traumatic entry into the world. But her perspective changed after Donald Trump took office on Monday and issued an executive order to end birthright citizenship.

    Her baby boy was originally due Feb. 24. Instead, he arrived on Jan. 8 — well before Trump’s executive order would take effect. Now she takes comfort in knowing there are no questions about his right to U.S. citizenship.

    “It doesn’t matter the pain I went through, or the scars I have,” said Duilanyela, 31, speaking from the neonatal intensive care unit in Texas where her newborn lay sleeping.

    She spoke with The Washington Post on the condition that her last name not be used, because she fears being targeted for deportation. “I know he will be able to live in peace in this country.”…..

    Though it is likely to face a lengthy battle in court, legal experts said that if it were to go forward, the policy would have vast and sweeping implications — and not just for the undocumented population.


    Lawyers say the logistical hurdles of instituting a system that would determine which babies born in the United States do and don’t qualify for citizenship would add to government bloat.

    It could also result in delays and errors in obtaining proof of citizenship, even for the millions who do qualify…….

    Beyond some general guidelines, the order offered few details about how agencies would put it into effect. Federal government lawyers said in a court filing that the measure would impact children born after the directive takes effect on Feb. 19. Agencies like the Social Security Administration would be required to align their policies to comply.
    Some legal experts said enforcing the new rule would be a major challenge in part because of the way hospitals and local governments report births. In most cases, information about the parents and newborn is collected at the hospital, a process aimed at helping families quickly secure birth certificates and Social Security numbers for their babies.

    The White House order does not specify who would be charged with verifying that the parents are U.S. citizens or legal permanent residents.

    “The implementation question is so thorny, and it could create a new level of bureaucracy that affects everybody,” said Amanda Frost, an immigration law professor at the University of Virginia.

    “How will the Social Security system require proof of a parent’s status? How will hospitals gather data? Are parents going to have the ability to grab a passport before going to the hospital?”

    Trump administration officials did not respond to a request for comment for this story. White House press secretary Karoline Leavitt told reporters that the administration plans to appeal the temporary restraining order blocking the directive.

    “It will be the policy and the view of this administration that a pregnant woman or parents cannot just come to the United States of America, give birth and expect that their child can have automatic citizenship in the United States of America,” she said.

    Without automatic citizenship, hospitals would have to absorb the costs of providing treatment to newborns who need intensive care and no longer qualify for Medicaid, said Cassaundra Jah, an Austin-based midwife who is the executive director of the National Association of Certified Professional Midwives.…….




    What ending birthright citizenship could look like in the U.S.

     

    Lol.

    Reminds me of a story about an old chief engineer at a former company. He thought the govt counterparts were asking some dumb questions, so he figured they weren't engineers.

    "Do you all have an engineering degree?:

    "Yes."

    "From an accredited engineering college?"

    Ouch.
     

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