this post was submitted on 28 Jun 2025
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[–] Furbag@lemmy.world 2 points 7 months ago (1 children)

The thing about ending birthright citizenship is that it would just create a stateless individual. Where would they even deport children of undocumented immigrants to? Are they going to make an El Salvadorian gulag for them too?

The former SCOTUS ruling on the 14th amendment was really clear - if you are born here, you are a citizen regardless of your parent's legal immigration status. I don't understand why the SCOTUS is even bothering to hear this case when even a constitutional literalist would have difficulty trying to weasel-word their way into a ruling that supports the Republican position on this one.

I can thing of few things more cruel than a state that looks at a literal child who was born here, lived here all their lives, speaks the language, attends school, has friends and family and a support structure and would otherwise be indistinguishable from any other American child born to American-born parents, and deport them to a country they've never set foot in for no real discernible reason other than they are anti-immigrant racists.

[–] jj4211@lemmy.world 2 points 7 months ago

So when someone has tried to rationalize ending birthright citizenship, they fixate in the "and subject to the jusrisdiction".

So they argue that a child born to parents who are citizens elsewhere are subject to the jurisdiction of the parents country of origin. To make this leap they say that language matching the intent should have been "and exclusively subject to the jurisdiction". Or else they might claim it can only apply to parents legally in the country, but that didn't let them block visa holders like they would want.

So technically it shouldn't still be able to make stateless individuals even with their rationalization, but that is of no comfort in any practical terms.