Published: Tue, November 06, 2018
Global News | By Blake Casey

Trevor Noah says don’t fear Trump’s threats to birthright citizenship

Trevor Noah says don’t fear Trump’s threats to birthright citizenship

Specifically, Trump would like to use the power of an executive order to put an end to what is often referred to as "anchor babies", a term which the dictionary defines as a child born to a noncitizen mother in a country which has birthright citizenship, especially when viewed as providing an advantage to family members seeking to secure citizenship or legal residency. Rather, in United States v. Verdugo-Urquidez, the Supreme Court held that "aliens receive constitutional protections when they have come within the territory of the United States and developed substantial connections with this country" (emphasis added to both quotes).

The new executive order, if it stands up in court - would mean that skilled workers on a visa would be caught in a huge, emotionally draining dilemma: have a baby on U.S. soil or not, or wait until they get a Green Card.

As such, any executive order Trump gives will be bound by this Amendment.

President Trump's efforts to scrap birthright citizenship has been complicated by an 1898 Chinese legal case.

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Some conservatives justify his proposed action by taking a loose reading of the 14th Amendment, arguing that the phrase "subject to the jurisdiction thereof" leaves birthright citizenship subject to interpretation.

In the U.S., birthright citizenship is guaranteed by the 14th Amendment to the Constitution, which reads: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside".

Dr Thomas J. Adams is a senior lecturer in history and American studies and academic director of the United States Studies Centre at the University of Sydney.

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Following a report that Trump may try to end birthright citizenship, the internet has dug up an old tweet from his presidential rival Hillary Clinton that is extremely relevant to the situation.

"What they are saying is, if you are born on USA soil subject to the jurisdiction of the United States - meaning you're the child of citizens or the child of legal immigrants, then you are entitled to citizenship", Anton told Fox News' Tucker Carlson in July. Each one serves up an interesting selection of facts, opinions, images and videos in order to catch you up and vault you ahead. But the Pew Research Center found that in 2009, 91 percent of such births were to parents who had been in the US for two years or more. Any changes in citizenship requires a constitutional amendment. Any person in the U.S., even a foreign tourist, is subject to United States laws while here. There is already discontent from public figures about Trump's legality of his executive order. In the early 1900s, Japanese-American farmers, who were unable to own land due to the exclusionary Alien Land Law, managed to claim ownership through the citizenship of their Nisei children.

As of right now, there is no executive order, so there is no need to cause a massive uproar or anything, but you should still be anxious. I didn't think anyone knew that but me. But acting attorney general Lindsey O. Graham said Trump's order overrode Article II, Section III of the Constitution.

Whether Trump is doubling down on his pre-election pledge to end birthright citizenship as a way to rile up his base and get voters to the polls next week, or whether he actually believes it's what's best for America is impossible to say.

I was raised with a hodgepodge of identities: Muslim, Indian, American, child of immigrants. Not every country has birthright citizenship, but in the United States if you're born or naturalized, no matter who you are, no matter what your blood is, you can exercise your citizenship right.

President Trump would have been right at home on the floor of the Senate in the 1860s alongside such opponents of birthright citizenship.

The only people not subject to the jurisdiction of the United States are diplomats and ambassadors, who are entitled to diplomatic immunity and are not required to follow most American laws. "Political and military rights and duties do not pertain to them".

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