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This is the case that seems the most clear out of any in the past few years.
The text of the amendment isn't murky at all.
"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."
There's no way to interpret that being born in the US doesn't convey citizenship.
And that's why the GOP are reframing those deemed undesirable as illegals, invaders, and terrorists. These people by some definitions do not behave as bound to the law of the country they are in.
Any reason to justify what they are doing.
The funny thing about that is if they argue that they’re not under the jurisdiction of the United States, then we couldn’t even give them a parking ticket, let alone deport them. They’d effectively have diplomatic immunity.
That's not how it would work at all. They'd be nationless. You do not want to be nationless.
I think I heard a plan to argue the amendment intended "exclusively subject to the jurisdiction", though that requires a pretty huge "reading between the lines" to just invent that extra term. In such a scenario they would argue citizenship of a foreign nation by way of a parent being able to pass on that citizenship disqualifies then for US citizenship. This means that they couldn't be left nationless even if that sketchy interpreation prevails.
But the reading of the text pretty much seems clear cut, the only way someone born in US soil could be disqualified is if the US was invaded and it was occupied to the point where US government had no practical authority, like if Japan had kicked out all the US government, judges, and law enforcement to make it clearly obvious there no jurisdiction left...
If they aren't bound by the law, then they aren't illegal though. I agree that's what they're attempting, but the logical implication is the opposite. I would never accuse them of actually being logical though.
I believe from listening to recent NPR that their lawyers aren't even arguing about that. They are arguing about whether national injunctions can really be national injunctions or not.
Yeah - they're trying REALLY hard to not argue the merits because it's extremely clear to anyone that what they're doing is illegal, so they're trying to make it a civil suit issue.
The next step after that is to claim Sovereign Immunity to keep civil suits from being heard.
And then they'll have their legal justification for disappearing US Citizens without due process.
So leaving it to the states where they can jerrymander the elections and win locally first then a few years later fuck up the entire country "legally".
No, they aren't arguing it should be at state level, their argument is much worse, they are arguing it needs to be at the individual level. So every single person harmed would need to get their own lawyer.
Darn! Thanks for clarifying. That sucks.
These people have no issues holding multiple conflicting opinions.
Then we should "discuss" the second amendment in another forum.
I wish we still lived in a country where legal arguments are still relevant.
When half the social networks, such as they were, have been decimated via illegal orders and people who don't have legal authority are allowed to do as they please, fire who they please, and confiscate funding as they please, laws mean nothing unless you're poor or in the "out" group.
The argument I heard initially was that irregular migrants are not, somehow, subject to the jurisdiction of the US.
In that case, they can't be deported or be charged with any crime.