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.

  • Maple Engineer@lemmy.world
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    7 hours ago

    “It’s ridiculous, we’re the only country in the world that does this with birthright, as you know, and it’s just absolutely ridiculous. We think we have really good grounds. People have wanted to do this for decades.”

    Canada has birthright citizenship.

    Trump is ignorant and Trump is stupid.

    Congratulations, America, you elected a convicted felon, adjudicated rapist, serial sexual assaulter and harasser, serial adulterer, serial fraudster, pathological liar, lifelong con man, and wannabe dictator but more importantly you elected a fucking idiot.

    • capital_sniff@lemmy.world
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      5 hours ago

      That and Trump made at least three different attempts (that we know of) to remain in office last time. Fake electors, find those Georgia votes, and an actual attack on the Capitol. The GOP and her voters then spent four years squawking about election security and fraud. Their jackass right wing media spent time revamping white replacement theory… so they have to on some level understand democracy and voting.

      So what do the big on the rule of law real Americans do? They vote for the only candidate that tried to disenfranchise a whole shit ton of American voters. It is absolutely wild that so many domesticated standard Americans failed this very very basic test.

  • LaunchesKayaks@lemmy.world
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    11 hours ago

    Love how he swore an oath to uphold the constitution then a few hours later signs and executive order that goes against it

    • AA5B@lemmy.world
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      7 hours ago

      Just like he has one executive order for energy production and another to pause offshore wind farm leases

  • starelfsc2@sh.itjust.works
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    12 hours 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.

    • ShadowWalker@lemmy.world
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      7 hours ago

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

    • Semi-Hemi-Lemmygod@lemmy.world
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      6 hours 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.

    • Tire@lemmy.ml
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      11 hours ago

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

  • Furbag@lemmy.world
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    14 hours ago

    I noticed a trend with Trump’s executive order spree yesterday - almost all of them are just fluff or red meat for the base that don’t have any effect on anything, like the one defining genders, and others are so blatantly unconstitutional that they will be challenged and most likely never implemented, like the one in question terminating birthright citizenship - it’s guaranteed to go before the courts and get struck down. Doing something like that would require an constitutional amendment.

    He’s counting on the goldfish brain base to give him credit for doing these wacky things and then not pay attention three weeks from now when an ACLU lawsuit essentially puts the order in limbo before it dies in front of a judge.

    Trump might as well sign an executive order that declares himself Emperor of the Moon and Supreme Chancellor of Outer Space, it’ll have about the same amount of impact as this first round of executive orders will.

    • ubergeek@lemmy.today
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      11 hours ago

      it’s guaranteed to go before the courts and get struck down. Doing something like that would require an constitutional amendment.

      lolwut?

      With this SCOTUS, they will pluck the case out of the line, before it goes down any circuit, and they will issue a ruling declaring it constitutional.

      That’s what happens when you have a bought-and-paid-for SCOTUS.

      • ECB@feddit.org
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        9 hours ago

        They’ll probably strike down one or two of them just so they can claim “look, we’re still independent!!”

        Of course the ones to get struck down have already been agreed upon

    • NuXCOM_90Percent@lemmy.zip
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      13 hours ago

      t’s guaranteed to go before the courts and get struck down

      If only trump controlled the highest court in all the land. A “supreme” court, if you will.

      That said, trump and his allies have been pretty open that the idea is to spam EOs to demoralize people and distract them from what they are really doing. And, in this case, Legal Eagle (and Liz Dye) kind of already explained it:

      The idea will be to declare a border crisis (done) to give the potus wider reaching powers. Same with declaring Mexican cartels as terrorists (they kind of are, but not to us). The combination of those mean they can invade sanctuary cities under “national security” excuses and can argue that illegal immigrants are enemy combatants which DO have a carve out.

      The “quirk” of Kamala no longer being a citizen because her parents were here under student (?) visas MIGHT get struck down. But the real goal of populating labor camps with brown people is right on track.

      • JcbAzPx@lemmy.world
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        13 hours ago

        If Trump actually controlled the Supreme Court, we never would have had a president Biden. The Supreme Court mainly cares about increasing their own power. They’d never allow the office of the president to have the power to overturn the constitution by fiat.

        • NuXCOM_90Percent@lemmy.zip
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          12 hours ago

          trump has a ruling from the supreme court that he can’t be punished for anything that he considers an “official act”. And the entire point of “stop the steal” and “stall for time” was to get the 2020 election up in front of the supreme court. Instead, pence showed a backbone for the only time in his life and it became a violent insurrection attempt instead.

        • ubergeek@lemmy.today
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          11 hours ago

          They literally ruled that anything Trump does is an official act, and he cannot be charged for it. And, he already has self-pardon, so any “loophole” the SCOTUS comes up with, he just pardons himself.

          And, he sends men with guns, under an official act, to get rid of the SCOTUS justices that disagreed with him… And he will select new ones.

    • dejected_warp_core@lemmy.world
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      13 hours ago

      Trump might as well sign an executive order that declares himself Emperor of the Moon and Supreme Chancellor of Outer Space, it’ll have about the same amount of impact as this first round of executive orders will.

      Look, not to call you out or anything, but the impact of these edicts (however nonsensical) is radically different now that he’s in office.

      The problem isn’t the legitimacy or legality of any such order, it’s the veracity and scope to which they are carried out regardless of those facts. He just pardoned the Jan 6th insurrectionists. Now, people that are handed off-the-wall, yet much more clear, orders from the White House can now go on thinking that illegal activity pursued in the name of said order will be washed away. So, stuff like this will cause damage to be done well before any courts can intervene, constitutionality be damned.

      As a bonus, this adds culpability to the actions of his subordinates. Step in line or lose your job. Fail me after committing a crime and you go straight to prison. This is an organized crime tactic to keep shady people in line.

      • DukeHawthorne@lemmy.world
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        12 hours ago

        That’s the key. With these ECs and the pardons, Trump’s lackies are free to do whatever they want, using these as an excuse. If anything does happen to them, Trump made it clear he’ll pardon them. and if Trump is scrutinized, he’s got the SC on his side who just gave the president unlimited power. And if push comes to shove, he’ll just pardon himself.

        There is literally nothing holding him accountable anymore. Nothing and no one.

      • Furbag@lemmy.world
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        12 hours ago

        I understand that. What I’m hoping is that the rest of the members of government will remember that Trump cannot do it without them. All an executive order really is, at it’s core, is direction for how federal agencies should conduct their business. None of it circumvents congress or the courts. Yes, I know, those two branches of government aren’t on our side either, but at the very least I expect them to be slimy enough to know when they have leverage and use it to their advantage - stall out or kill legislation before it has a chance to become anything more than just an executive order full of hot air if for no reason other than to extract concessions from Trump. It all adds up.

        • ubergeek@lemmy.today
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          11 hours ago

          None of it circumvents congress or the courts.

          If the SCOTUS thinks it should, then it will. Which they will, since they are beholden to Donold.

  • Red_October@lemmy.world
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    17 hours 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.

    • ubergeek@lemmy.today
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      11 hours ago

      the next Democrat president

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

    • gamermanh@lemmy.dbzer0.com
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      15 hours 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

    • phughes@lemmy.ca
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      16 hours ago

      next Democrat president

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

      • quixote84@midwest.social
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        16 hours ago

        Fascism is here in part because Democrat presidents aren’t actually on a different team.

        • AbidanYre@lemmy.world
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          16 hours 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.

          • ubergeek@lemmy.today
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            11 hours ago

            You mean like an article on the Dems in congress overturning the US Constitution via votes?

        • Dkarma@lemmy.world
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          16 hours ago

          Ah the both parties are the same guy. Always here, never correct, never helpful.

        • phughes@lemmy.ca
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          16 hours ago

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

    • watson387@sopuli.xyz
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      17 hours ago

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

    • Goodmorningsunshine@lemmy.world
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      16 hours 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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        15 hours 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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            11 hours 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 "

    • Critical_Thinker@lemm.ee
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      15 hours ago

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

    • SoftTeeth@lemmy.world
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      14 hours ago

      Yes if you aren’t Native American, your family probably gained citizenship through birthright.

    • jj4211@lemmy.world
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      12 hours ago

      You can be a natural born citizen either by being here when born or by being born to a US citizen. The order challenges the former.

      I saw people accurately predict that they would hang such an order on the “and subject to the jurisdiction thereof” portion. The argument was predicted to be that a mother on US soil unlawfully is excluded by that clause (though they are clearly subject to the jurisdiction despite being unlawful, this was the guess).

      They are trying to push it even further by claiming people here legally also don’t get the right, and there’s not even a hint of rationalization to claim that somehow people legally here are not “subject to the jurisdiction”.

      • Semi-Hemi-Lemmygod@lemmy.world
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        6 hours ago

        If pregnant women from other countries aren’t under the jurisdiction of the United States I’ve got an idea for the perfect crime

    • randon31415@lemmy.world
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      12 hours ago

      The 14th amendment says:

      “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”

      The court has read that as: “All persons born” OR " naturalized in the United States and subject to the jurisdiction thereof".

      Trump wants it to read: “All persons born or naturalized in the United States” AND "subject to the jurisdiction thereof "

      His take: Anchor babies are not “Subject to the jurisdiction” and thus are not citizens.

      • /home/pineapplelover@lemm.ee
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        1 hour ago

        That doesn’t clear too much for me. Are you saying that everybody needs to go through the citizenship process and take the citizenship test? I’m not sure what the part about “subject to the jurisdiction thereof” means exactly.

      • Maggoty@lemmy.world
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        11 hours ago

        All we have to do is ask what happens to a “migrant” baby left at a fire house.

        Straight to the state care system?

        Oh wow.

    • Aggravationstation@feddit.uk
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      13 hours ago

      Right now just being born on US soil automatically makes you a US citizen, regardless of if your parents are or not. It works that way in a lot of countries. I knew a guy in school who’s parents are both British, his mother started giving birth to him on a plane so they did an emergency landing in Cyprus. Due to being born there he has both British and Cypriot citizenship.

      This change would stop that happening in the US. Your parents would have to be citizens for you to become one as soon as you’re born.

  • Treczoks@lemmy.world
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    19 hours 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.

  • BigBenis@lemmy.world
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    14 hours ago

    It’s almost like the vow he made to protect the constitution just yesterday was completely empty and meaningless.

  • conditional_soup@lemm.ee
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    18 hours 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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      14 hours 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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        14 hours 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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          12 hours 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.

  • CharlesDarwin@lemmy.world
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    16 hours ago

    I don’t even understand what this will mean. Why does the donvict care so much about this?

    Would this mean that while Elon was here illegally and if he had kids with someone with the same status, his kids would not be citizens?

    • BradleyUffner@lemmy.world
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      16 hours ago

      Why does the donvict care so much about this?

      Conservatives hate foreigners, and love watching them get kicked in the face. This is porn for his base.

      • Phoenicianpirate@lemm.ee
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        14 hours ago

        Who they consider foreign is also highly subjective. If a German tourist who barely speaks English and has the thickest accent you’ve heard is accidentally mistaken for an immigrant, he will be seen as more American than that Hispanic guy whose family were here before the 20th century.

    • Dkarma@lemmy.world
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      16 hours ago

      Hurt brown ppl. Member when they ended public pool segregation? Instead of letting their kids swim with black kids the white ppl closed the pools instead.

  • JohnDClay@sh.itjust.works
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    1 day ago

    Fourteenth Amendment Section 1 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.

    I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.

    I don’t get how you square those two together.

    • floofloof@lemmy.ca
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      22 hours ago

      You just lie about the second part and have a government full of sycophants and a corrupt Supreme Court that declares that everything you do is by definition legal.

    • wise_pancake@lemmy.ca
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      1 day ago

      Probably with “The founders only wanted what I think they wanted, despite their explicit instructions”

      • Cyborganism@lemmy.ca
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        1 day ago

        Interpreting old texts to match their own personal beliefs is what Christo fascists are best at.

    • NateNate60@lemmy.world
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      1 day ago

      Look no further than the dissent to United States v. Wong Kim Ark (when the Supreme Court ruled that the passage you cited grants citizenship by birthright), written by Chief Justice Melville Fuller, the mastermind behind such legal opinions as:

      • Racial segregation is completely legal (Plessy v. Ferguson)
      • States can’t regulate workplace conditions or enact maximum working hours laws (Lochner v. New York)
      • Income tax is unconstitutional (Pollock v. Farmers’ Loan & Trust)

      Anyway, he wrote:

      the children of Chinese born in this country do not, ipso facto, become citizens of the United States unless the fourteenth amendment overrides both treaty and statute

      and

      [Birthright citizenship means] the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay or other race, were eligible to the presidency, while children of our citizens, born abroad, were not.

      So in other words, he was willing to rule that the constitution is optional as long as you are using it against undesirable races in order to get his way.

    • futatorius@lemm.ee
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      15 hours ago

      Sophistry and bullshit, that’s how. Authoritarians don’t base anything on reason. It’s all “because I said so, and because I have a gun pointed at your head.”

    • njm1314@lemmy.world
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      16 hours ago

      I’m sure Scalia will find some 15th century witch burner who’s writings justify it somehow.

    • anubis119@lemmy.world
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      1 day ago

      It’s why they used the language of “invaders”. 14th amendment doesn’t provide protection for invaders. This is the first step in working around the constitution.

    • Arbiter@lemmy.world
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      Don’t worry, the bootlickers in the Supreme Court will find the dumbest argument you ever heard to rationalize it.

      • futatorius@lemm.ee
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        15 hours ago

        They don’t need to find a good argument. There’s nobody holding them accountable.

        Not that there are any good arguments.

  • Fedizen@lemmy.world
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    23 hours 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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      17 hours 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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      17 hours 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

      • Maggoty@lemmy.world
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        11 hours ago

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

      • Fedizen@lemmy.world
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        11 hours 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.