Will “mass deportation” actually happen (4 Viewers)

[superchuck500]

It’s so repulsive to see people cheering for what is basically 80% the same thing as the Holocaust - different end result but otherwise very similar.

Economists have said it would tank the economy and cause inflation - notwithstanding the cost.

Is it going to actually happen or is this Build The Wall 2.0?

 

[Optimus Prime]

My understanding is that Trump's citizenship EO only affects future births and people aren't retroactively getting their citizenship revoked

Is that right?

 

[RobF]

My understanding is that Trump's citizenship EO only affects future births and people aren't retroactively getting their citizenship revoked

Is that right?

Think so.

Text is here: https://www.whitehouse.gov/presiden...he-meaning-and-value-of-american-citizenship/

Says:

(b) Subsection (a) of this section shall apply only to persons who are born within the United States after 30 days from the date of this order.

 

[brandon]

But now take the birthright citizenship provision of the 14th Amendment - that's concrete. It's much harder to engineer a result against the rules of constitutional interpretation when there's express language.

Here’s my wager. One of two things will happen during this administration’s term.

1 - the USSC will find a reason to find the 14th amendment unconstitutional, even though it’s the forking constitution, or

2 - the USSC will uphold the 14th amendment, but because they’ve ruled on presidential immunity, and Congress won’t impeach, Trump will begin deporting American citizens anyway.

 

[Sendai]

The argument fails plain language and the original/historical view - because it was clearly intended to exclude children of diplomats and Indian tribes (at a time where tribal sovereignty was still a thing).

Alito and Thomas are clearly going to have to do some contortion on this one. But you would think that the status quo before it gets to SCOTUS will be to enjoin it.

I doubt it will go any higher than a circuit court of appeals.

 

[MT15]

I doubt it will go any higher than a circuit court of appeals.

Of course it will. Trump will demand it - they will appeal it up to SCOTUS and they will hear it out of deference. And because a majority of them want to end birthright citizenship.

 

[superchuck500]

I doubt it will go any higher than a circuit court of appeals.

I think it will, not necessarily on the merits (perhaps on process) but a president has tried to make a contrary/new reading of a constitutional amendment become the executive branch law (the body that issues various forms of the rights of citizenship). Leaving it to the circuits invites variation and given the interest in the topic and the length of time from the last major cases, seems appropriate for the Court to take it.

 

[Sendai]

I think it will, not necessarily on the merits (perhaps on process) but a president has tried to make a contrary/new reading of a constitutional amendment become the executive branch law (the body that issues various forms of the rights of citizenship). Leaving it to the circuits invites variation and given the interest in the topic and the length of time from the last major cases, seems appropriate for the Court to take it.

I doubt there would be any variation. Not likely to find a court that would agree with the EO.

 

[superchuck500]

I doubt there would be any variation. Not likely to find a court that would agree with the EO.

I can think of one.