>On his first day in office this year, he signed an executive order declaring that babies born in the U.S. may not be citizens if their parents were not here legally or if the parents were here legally but on a temporary basis like a work visa.
Does this mean for workers in the US on the H1B visa, their children who are born in the US will no longer automatically be US citizens?
That’s why revocation through Executive Order alone is so dangerous: its intent isn’t merely to get all undesirables today, but all undesirables ever, no matter what the definition of “undesirable” is.
Probably legally, but I doubt I can prove that.
Bye.
The 14th Amendment includes the language “and subject to the jurisdiction thereof”.
Is a child born to a foreign national who is present in the US without legal authorization subject to the jurisdiction of the US? Historically, we’ve said “yes”. This EO instructs the executive branch to adopt the position of “no”.
This is roughly equivalent to the EPA or BATFE changing the way it interprets an longstanding statute in a new way — which, by the way, they do very frequently.
In fact, I dont even know whether there will be a path to citizenship or legal status in general for their children, assuming they will probably be adults by the time their parents get their green card.
Marazan•2h ago
throwaway48476•2h ago
esseph•2h ago
throwaway48476•2h ago
Ancapistani•1h ago
There’s case law in the 7th Circuit that says that requiring a felon to register it would be tantamount to compelling self-incrimination. That case was not challenged by the BATFE at the SCOTUS level for fear of the precedent being made.
As a result, NFA violations by anyone who cannot lawfully possess a firearm at all cannot be prosecuted in the 7th Circuit. They can still be prosecuted for simple possession, of course, but not for failing to register.