Summary

Donald Trump signed an executive order to challenge birthright citizenship, targeting children of undocumented immigrants born in the U.S.

The order argues against the 14th Amendment, which guarantees citizenship for those born on U.S. soil.

It bars federal agencies from recognizing birthright citizenship and imposes a 30-day waiting period for enforcement.

The order is expected to face significant legal challenges, with critics calling it unconstitutional.

  • starelfsc2@sh.itjust.works
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    3 months ago

    just now realizing everything I have done in my life in trying to contribute less plastic and waste less is not even 0.00001% compared to the environmental damage these executive orders are going to do.

    • Tire@lemmy.ml
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      3 months ago

      Take off your individualism hat and put on your collective hat. Group actions make a difference.

    • Boomer Humor Doomergod@lemmy.world
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      3 months ago

      I’m upset that I’m too ingrained in my ways to become a greedy, racist, sexist, boorish asshole because those guys are gonna have an amazing four years.

    • ShadowWalker@lemmy.world
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      3 months ago

      The “you are personally responsible for climate change” was always a scam. It is the big corporations that are responsible.

  • Cool_Name@lemm.ee
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    3 months ago

    The heritage foundation has an argument prepared for the inevitable supreme court case. I think it’s shit, even for them, but SCOTUS seems like they’ll go along with anything.

    Their argument hinges on the phrase “and subject to the jurisdiction there of” claiming that this somehow excludes non-citizens. Accepting this argument would have the weird implication of saying that non-citizens in the US are not subject to the jurisdiction of the US. So… how do other laws apply to them? How could they be charged with working or entering the US illegally?

    • thomas@lemmy.ca
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      3 months ago

      I can’t see how this would work. The “subject to the jurisdiction thereof” part refers to the children born in the US, not their parents. But don’t quote me on this, I’m not a lawyer.

    • MothmanDelorian@lemmy.world
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      3 months ago

      What would that mean for foreigners detained for crimes committed outside the USA? We had a bunch of people in Guantanamo at one point who met those circumstances.

    • mkwt@lemmy.world
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      3 months ago

      That clause was targeted at, and is still targeted at, foreign diplomats who have diplomatic immunity. If you can’t be compelled to to pay your parking tickets because you put the little flag on your car, then your babies also don’t get to be Americans. Easy.

      If your typical non-little-flag-on-car undocumented immigrants are really “not subject to the jurisdiction,” then how can you arrest them for all of the horrible crimes they are allegedly committing?

      • Mirshe@lemmy.world
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        3 months ago

        The answer there is easy and horrifying. Since they’re “not subject to” the law of the US, you can basically declare them outlaws. The od-school use of the term, basically meaning “this person exists outside of legal sight, so anything that happens to them is entirely legal because they don’t exist as a legal entity in our sight.”

        The end game is open season on anyone who “looks illegal”.

      • jj4211@lemmy.world
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        3 months ago

        I suspect that was probably not as much on their mind as the prospect of a US territory temporarily occupied by a foreign military. I fully anticipated that they would attempt this comparison (despite clearly subjecting illegal immigrants to the jurisdiction). Even if it is incorrect, I could at least see them making that attempt.

        I’m surprised that they are trying to extend this to include people legally in the US, with every legal basis to be here and no whiff of any vaguely dubious relationship with jurisdiction…

    • credo@lemmy.world
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      3 months ago

      Say what you will about Trump, but he sure knows how to get us to learn about the Constitution!

      That phase seems to say you have to be solely subject to the jurisdiction of the US. I.e., that you couldn’t also later claim to be a citizen (or subject to laws of) another nation.

      At least that’s what an article I read said, which wasn’t written in direct response to this EO.

      • Cethin@lemmy.zip
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        3 months ago

        It doesn’t say solely. If they meant solely they would have written that. It’s very obvious it means if you have to obey the laws then you count. Diplomats with immunity don’t count.

        Edit: As further evidence, you’re subject to state laws as well, not just the United States laws.

          • Cethin@lemmy.zip
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            3 months ago

            I said in the comment above, it’s to not include people who are not subject to the jurisdiction of the US. Diplomats with immunity, for example. It’s reasonable obvious. You really have to try to stretch things to make it apply to immigrants who are subject to the jurisdiction of the US.

            • credo@lemmy.world
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              3 months ago

              Yes, that was the opinion of the Supreme Court in 1898. This is a different SC and, as we’ve already seen, are perfectly willing to overturn precedent. From the dissent:

              In other words, the Fourteenth Amendment does not exclude from citizenship by birth children born in the United States of parents permanently located therein, and who might themselves become citizens; nor, on the other hand, does it arbitrarily make citizens of children born in the United States of parents who, according to the will of their native gov.

              My point is… you don’t actually know why they wrote that clause because it’s not entirely clear and, thus, subject to further debate at this new court.

    • ZILtoid1991@lemmy.world
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      3 months ago

      Even then, they’ll likely rig the 2026 elections, to get a supermajority, so they can just replace the constitution with one that is 100% compatible with christofascism.

  • atzanteol@sh.itjust.works
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    3 months ago

    Constitutional lawyers are going to be making a fortune over the next 4 years. Fuck you America. Just fuck y’all.

  • N0body@lemmy.dbzer0.com
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    3 months ago

    The Supreme Court has been bought and paid for by right wing special interest organizations like the Heritage Foundation. This obviously illegal order will be upheld. At best, there might be a single right wing judge that crosses to make it a 4-vote dissent.

    The rule of law is dead in America. This has been planned since the Painter memo in 1971. The fascist takeover is happening.

    • nomy@lemmy.zip
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      3 months ago

      This commenter is correct, this is largely the result of the work of the Heritage Foundation and it’s been a half-century in the making. This would be the appropriate time to arm yourselves (get a long one and a short one) and learn how to use them. Start networking with like-minded people in your communities. Learn basic first aid, you just need to know how to stabilize someone. Learn to fix things, grow food, be more self-reliant. The police will not protect us and things may get very bad in the coming decade.

    • funkless_eck@sh.itjust.works
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      3 months ago

      very fucking funny (by which I mean not funny at all) that I can take the test, pay roughly a grand, and be considered more secure in my citizenship than someone born here.

        • Triasha@lemmy.world
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          3 months ago

          Oh no. You can volunteer without citizenship.

          They can say no, but we have non citizens serving.

      • zabadoh@ani.social
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        3 months ago

        That’s currently true, but I was also referring to the universe of Starship Troopers (the movie, vs the Heinlein novel), where it appears that birthright citizenship is no more, and military service (to the crypto-fascist government) is the only realistic path to citizenship for most US residents in that universe.

      • droans@midwest.social
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        3 months ago

        It’s not a guarantee, though, but it should be. If you serve for, say, 5 years and have not been dishonorably discharged, you should be automatically eligible for citizenship.

        As of now, serving only exempts you from the continuous residence and physical presence requirements. You still need to be a permanent resident, know English, understand the US government and history, and demonstrate “good moral character” for at least a year out of the military.

        Permanent residency shouldn’t be mandated for soldiers. They’re choosing to serve for the US - isn’t that enough? The English and US government/history requirement should be waived under the assumption that they understand all of those well enough after training and serving in the military. Good moral character really is just that you haven’t committed any serious crime which is fine.

        • Sippy Cup@lemmy.world
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          3 months ago

          My dad was in the air force for years, was incredibly sympathetic to immigrants and openly called for more immigration. But was hesitant to say service should guarantee citizenship.

          Notably he was also very critical of Heinlein. Though he did like the bits that weren’t heavy handed political philosophy.

          He thought that a direct route from service to citizenship would create a militia class of immigrants. It would be very attractive to a certain group of people who’s interests may not align with those of the US.

          It was a security threat, he thought. And it seems like this attitude is shared by the DoD.

          • ours@lemmy.world
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            3 months ago

            For an illustration of how this could wrong, we just need to look at the French Foreign Legion and how they attempted to assassinate De Gaule over Indochina.

  • Fedizen@lemmy.world
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    3 months ago

    states should arrest border patrol agents attempting this.

    Democrats should threaten to charge anyone attempting this of human trafficking.

    • TammyTobacco@sh.itjust.works
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      3 months ago

      I think recent events have shown Democrats are incapable of helping anybody but themselves. And even then they’re shit.

    • GuitarSon2024@lemmy.world
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      3 months ago

      Except for the liberal bubbles in Houston and Dallas, I’m pretty sure most Texans are pretty gung-ho in favor of this and will be giving border patrol agents free lunches. No ICE, DHS, or Border Patrol agents will be getting arrest by the southern states

      • Fedizen@lemmy.world
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        3 months ago

        supposing democrats wake up a little (fat chance) federal democrats should say that they will ensure any person that attempts to act outaside the guardrails of the constitution will be charged with crimes when they regain power.

      • Maggoty@lemmy.world
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        3 months ago

        You’re forgetting Arizona and California. Arizona’s Blue Wave is particularly left leaning too…

  • Treczoks@lemmy.world
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    3 months ago

    with critics calling it unconstitutional.

    You don’t need to be a critic to call it unconstitutional. It is, as it contradicts an Amendment.

  • conditional_soup@lemm.ee
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    3 months ago

    I never ever ever want to hear anymore excuses from democrats about “oh, but we did kinda do the one thing. Governance is hard, and we just couldn’t get 100% of Congress to agree. The republicans bullied us until we came and we’re all out of gas :(”

    • Furbag@lemmy.world
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      3 months ago

      I mean, this isn’t really governance. It’s Trump signing an executive order that will never come to pass without an constitutional amendment, which isn’t going to happen. Trump might have promised to be a dictator on day 1, but no matter how much he fancies himself a king, he will always have to work within the boundaries of the framework of government, no matter how ratfucked it might be. Expect this one to be struck down in court very quickly.

      • conditional_soup@lemm.ee
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        3 months ago

        Doubt. Do we have a remind me bot here? Pretty sure the scotus will hold most of these up, regardless of whether they should.

        • Furbag@lemmy.world
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          3 months ago

          With this SCOTUS, nothing is ever completely off the table, but I’d like to think that they wouldn’t make a sweeping decision like that which could potentially call into question the legitimacy of the citizenship status of hundreds of millions of Americans (including their own) just for the sake of appeasing Trump.

  • Red_October@lemmy.world
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    3 months ago

    Can’t wait for the Right to recognize that if they normalize nullifying constitutional amendments with executive orders, the next Democrat president can just use that to nullify the 2nd Amendment that they’re so terribly fond of.

    Of course that assumes there will be another election some day.

    • Goodmorningsunshine@lemmy.world
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      3 months ago

      I don’t think that’s a problem. Even if they didn’t plan to begin their dictatorship now, Biden had immunity and didn’t do a goddamn thing with it. Democrats don’t do anything.

      • DomeGuy@lemmy.world
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        3 months ago

        POTUS immunity wasn’t a blanket grant of absolute power. It was just the same BS immunity that cops get for what they do as cops.

          • DomeGuy@lemmy.world
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            3 months ago

            Close to it, maybe, but police can’t do a whole bunch of things. Like hold you forever without trial, or arbitrarily rape people with no consequences. Or shoot judges whose rulings they don’t like

            What they get away with is outrageous, but it’s not quite "absolute power "

    • watson387@sopuli.xyz
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      3 months ago

      Yeah, if they let him start dictating constitutional amendments by executive order there definitely won’t be a next election.

    • phughes@lemmy.ca
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      3 months ago

      next Democrat president

      LOL. Fascism is here. There will never be another Democrat president.

        • AbidanYre@lemmy.world
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          3 months ago

          Trying to argue “both sides” on an article about a Republican trying to overturn the Constitution with an executive order has got to be embarrassing.

        • phughes@lemmy.ca
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          3 months ago

          I get the impression is that in your mind there are only two teams: people who agree with you 100% and everyone else.

    • gamermanh@lemmy.dbzer0.com
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      3 months ago

      Democrat president can just use that to nullify the 2nd Amendment

      Can, but won’t, because that would be “going low” and “we aren’t like them”

      You know, like cowardly dipshits

    • ubergeek@lemmy.today
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      3 months ago

      the next Democrat president

      lol, cute of you to think there will be a “next election”.

    • Critical_Thinker@lemm.ee
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      3 months ago

      Doesn’t work because the legal body is republican controlled. Only republican choices are above the law.