The Problem With Trump’s Birthright Citizenship Order
There’s a problem with President Donald Trump’s birthright citizenship executive order, and it doesn’t take much effort to see it.
The Fourteenth Amendment reads, in relevant part: “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.”
Trump’s odd claim is that a child born in the United States without at least one parent who is a lawful permanent resident or U.S. citizen is not “subject to the jurisdiction” of the United States.
But this is simply false.
Set aside that Trump’s executive order would affect children whose parents are lawfully but not permanently here, such as those on student or work visas. Let’s look at the “harder” case: the children of illegal immigrants.
It should be obvious that even individuals who are unlawfully present in the United States are “subject to the jurisdiction thereof.” “Jurisdiction” is just the applicability of legal authority to them and the potential exercise of state power against them.
People who are unlawfully present in the country can, of course, be charged with crimes, arrested, and subjected to the same legal processes as almost anyone else in the United S
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
