Almost the entire Trump family, including Donald himself, are children of immigrants.
By Mitchell Zimmerman
At least four Supreme Court justices recently signaled their
apparent agreement with Donald Trump’s effort to roll back the Fourteenth
Amendment’s definition of American citizenship.
The case at issue, Trump v. Barbara, involves
birthright citizenship — the principle that you’re a citizen of the country
where you were born.
In the United States, birthright citizenship was written
into the Constitution after the Civil War. Following the end of slavery, the
amendment confirmed that the fundamental rights of citizenship do not depend on
white ancestry, but belong to everyone born in this country.
On Day One of his presidency, Trump issued an Executive
Order to overthrow that principle. He ordered that babies born in the
U.S. of undocumented immigrants should not be considered citizens.
If Trump’s order were deemed legal, he would have the power
to annul the citizenship of tens of millions of Americans, deny their right to
vote and other legal entitlements, and even deport them. Trump’s endorsement of
racial targeting in ICE arrests confirms that, in revoking citizenship, he
would focus on people of color.
The first judge to hear a challenge to Trump’s order,
federal Judge John Coughenour, concluded it was plainly illegal. “I have
difficulty understanding how a member of the bar could state unequivocally that
this is a constitutional order. It just boggles my mind.”
“I’ve been on the bench for over four decades,” he
continued. “I can’t remember another case where the question presented is as
clear as this one. This is a blatantly unconstitutional order.”
Coughenour is no “radical liberal.” He was appointed to the
bench by conservative Republican President Ronald Reagan. But any reasonable
judge would reach the same conclusion — and many did, including judges of the
Ninth and First Circuits.
Disturbingly, however, the Supreme Court may validate this
“blatantly unconstitutional order.” Under Supreme Court rules, at least four
justices must vote to take up a lower court ruling. So at least four decided
Trump’s incredible claims were sound enough to put on the Supreme Court docket.
The decision is unsupportable. The Fourteenth Amendment
begins with this plain statement: “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 lawyers assert that children born in the United
States of undocumented immigrants aren’t citizens because they aren’t subject
to U.S. jurisdiction. That’s nonsense — jurisdiction has nothing to do with
whether someone is legally in the United States.
“Jurisdiction” refers
to the lawful authority a government exercises over individuals within its
territory. If someone is not subject to U.S. jurisdiction, that means U.S. laws
don’t apply to them.