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[TW: Nazi policies being enacted] Executive order post.
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this post was submitted on 21 Jan 2025
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Is that even possible, or are they just going to go back to deporting legal citizens? The Constitution has a 14th Amendment
My guess is they're going to try to deport legal citizens.
They'll have probably several months to deport a bunch of people before it gets to the supreme court, which will probably rule it's fine anyway. Remember that the body deciding if something is legal is 6 far right cranks and 3 liberals.
The idea is that in 30 days, newborn children of illegal immigrants will not be considered citizens due to the "and subject to the jurisdiction thereof" clause of the 14th amendment. This executive order will not revoke citizenship (ex post facto laws create another legal hurdle), but rather refuse to grant it. It's constitutionally grey and will almost inevitably need to go through the courts.
The amendment reads:
Their argument is that non-citizens are not "subject to the jurisdiction thereof" and therefore it doesn't apply.
So it'll go to the courts which will of course agree with Donny
non-citizens are not subject to the jurisdiction of the united states while being in the united states?
Yeah, that's a ridiculous argument. That part was in there to avoid automatically granting indigenous tribes citizenship.
So non-citizens aren't subject to the jurisdiction of America? Meaning that they can't be prosecuted for crimes they commit by the US gov? Hmm...
The supreme court will decide most likely. That's the goal with most of these.
It bugged me when people were like, "oh well it won't be that bad he tried all this stuff his first term" but absolutely were not considering that he didn't have a supreme court majority backing him then.
It's basically a soft coup, or the practical implementation of the right's Unitary Executive Theory that they've been running with since Bush.