Trump issued an executive order on Jan 20th to cancel birthright citizenship for undocumented children born in the USA. This change was made without going through the 2/3 vote required by the states to make such a change. This document and video review the text of the 14th amendment as well as the executive order along with the court case details.
The 14th tab show the amendment text and how it does stipulate jurisdictions such a Puerto Rico also count. It does not make any exceptions for any reason. If you are born in the USA you are a citizen per the current reading of the 14th amendment.
The EO tab shows the Executive Order and shows that it does attempt to change our constitution without a vote and makes it go into effect in 30 days. So this was not a suggestion or to start the process, it was to make the change by way of executive order and almost immediately.
The Courts tab provides details by the Judge, appointed by Reagan, that said it was the most clear cut case he has seen in 40 years. And asked “where were the lawyers” .. it isn’t even close to legal.
Amendment 14 states that anyone born in the USA or a jurisdiction (such as the Puerto Rico and the American Virgin Islands) are citizens of the USA. There is the stipulation for external jurisdictions, there is no exception for immigration status anywhere in the amendment or constitution anywhere.
Conclusion: Yes – Amendment 14 currently includes anyone born in the USA. To change this, it takes 2/3s of the states to ratify a change.
The PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP Executive Order does three things
- States that the “Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States“. And says the term, subject to the jurisdiction thereof, means anyone that is not is not a citizen
- Because they interpret the amendment different and read the jurisdiction part to implicitly exclude undocumented, they do not see a need to send this to a vote. They can just change it on their own because they see it different than we have been viewing it. That is their argument for making the change, per the Executive Order text.
- States with Sec. 2. (a) that no department should give citizenship to anyone that born from a woman that is not here legally or legally here with no resident father
- This policy does explicitly change the 14th amendment by way of Executive Order
- States the policy will go into effect in 30 days
- This new policy, changing the 14th amendment, is effective almost immediately, with no vote by the people
Sec. 2. Policy. (a) 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.
(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.
The Judge that tried the case, appointed by Reagan, said that in his 40 years he has not seen a case where the question presented was so clear. WHERE ARE THE LAWERS he asked? He was amazed that anyone that passed the bar would think this was valid (i.e. even an injury lawyer).
In short – Trump didn’t even TRY to be within the bounds of the law. He does not respect the constitution or our laws. He wants to be an authoritarian, which is a leader that does what he wants, regardless of how legal or even American his actions are.
The Text:
Judge John Coughenour, a Reagan appointee says:
“I have been on the bench for over four decades. I can’t remember another case where the question presented was as clear”
“Where were the lawyers” when the decision to sign the executive order was made, the judge asked. He said that it “boggled” his mind that a member of the bar would claim the order was constitutional. And added, “births cannot be paused” while the court considers the case “in regards to the 30 day timeframe”.
