Summary

Trump announced plans to end birthright citizenship via executive action, despite its constitutional basis in the 14th Amendment.

He also outlined a mass deportation policy, starting with undocumented immigrants who committed crimes and potentially expanding to mixed-status families, who could face deportation as a unit.

Trump said he wants to avoid family separations but left the decision to families.

While doubling down on immigration restrictions, Trump expressed willingness to work with Democrats to create protections for Dreamers under DACA, citing their long-standing integration into U.S. society.

    • bitchkat@lemmy.world
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      18 days ago

      Musk doesn’t have birthright citizenship. As much as we wish he’d just go away, I hope you’re not suggesting they should expand this program to strip naturalized citizens.

      • anomnom@sh.itjust.works
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        18 days ago

        He worked on a student visa after dropping school.

        That’s illegal, so he shouldn’t have qualified for naturalization without correcting that and leaving the country before reapplying.

            • LifeInMultipleChoice@lemmy.dbzer0.com
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              18 days ago

              I feel like there should be a saying involving palm trees with this, as their bark is very different and they are actually closer to grasses than most trees.

              Chop down a palm tree and count the rings to see how old it is, the answer is 0. They don’t make rings, much like a blade of grass. They are fn dinosaur grass basically. (They were around back then). It’s also part of how they can bend and not snap as easily during high winds.

      • Sam_Bass@lemmy.world
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        18 days ago

        Only thing naturalized about him is his bank account which is what has kept him off the icehouse list

      • jaybone@lemmy.world
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        18 days ago

        Will be funny if they have a falling out and Trump rage enforces this against him.

        • whotookkarl@lemmy.world
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          17 days ago

          They will inevitably have a falling out because they are both nepo baby idiots who can’t maintain long term relationships aside from sycophants and bootlickers.

  • Rapidcreek@lemmy.world
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    18 days ago

    14th Amendment to the US Constitution

    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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    • NocturnalMorning@lemmy.world
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      18 days ago

      Yeah, it’s there, but as we’ve clearly seen, if the law isn’t enforced, or is selectively enforced, it might as well not exist.

      • kryptonianCodeMonkey@lemmy.world
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        18 days ago

        Hell this exact amendment was openly ignored for nearly a century in that it is also meant to provide equality under the law for all citizens. But Women couldn’t even vote for decades after this amendment was passed. Then there were a ton of laws on the books that were actively enforced that discriminated on race, sex, etc. Women’s Suffrage and the Civil Rights Movement should not have been necessary after this amendment was passed. And yet…

    • DogPeePoo@lemm.ee
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      18 days ago

      Start by getting rid of Ted Cruz, Elon Musk, Vivek Ramaswamy, Melania and all the Trump kids.

      • takeda@lemmy.world
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        18 days ago

        Isn’t it crazy that only one person on that list is just a mere millionaire, the rest are billionaires?

        Jr posted “Internet let’s do your thing, let’s find this guy” because he knew it was attack on his class.

        If we want to Make America Great Again we needed to get rid of these parasites. They make us fight with each other, while they are the reason we get poorer and poorer.

      • Rapidcreek@lemmy.world
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        18 days ago

        Because it wasn’t previously decided. However, in this case United States v. Wong Kim Ark (1898) is the Supreme Court ruling that determined the 14th Amendment to the U.S. Constitution granted birthright citizenship to all persons born in the United States regardless of race or nationality.

        In order to reverse, the court itself has to do it. Not that it wouldn’t.

    • ERROR: Earth.exe has crashed@lemmy.dbzer0.com
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      18 days ago

      Whether or not children of unauthorized immigrants have birthright citizenship was never ruled on. A 1898 case (United States v. Wong Kim Ark) ruled that children of permanent residents have birthright citizenship, but never said anything about unauthorized immigrants.

      This supreme court could rule on it, which is probably gonna be that unauthorized immigrants are not “subject to the jurisdiction thereof”, therefore, their children do not get birthright citizenship.

      I mean that’s the loophole they are gonna exploit, I don’t agree with it, but that’s what is gonna happen.

      • someguy3@lemmy.world
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        18 days ago

        which is probably gonna be that unauthorized immigrants are not “subject to the jurisdiction thereof”

        From opening arguments podcast they said that was intended if say Mexico or Canada invaded, the soldiers bring their wives who give birth, then those kids are not subject to the jurisdiction of the US and not to be granted citizenship.

        Of course lawyers can twist anything and scotus is rigged, so expect that.

        • ERROR: Earth.exe has crashed@lemmy.dbzer0.com
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          18 days ago

          Fun fact (or rather, a not-so-fun fact)

          Native Americans living in reservations used to be considered not “subject to the jurisdiction thereof” so they weren’t given US citizenship, even thought their ancestors have been here before the first colonists. If that bullshit can happen, nothing is stopping this biased af supreme court to say that undocumented immigrants are not “subject to the jurisdiction thereof”

          Also, conservative justices often cited this idea of “Original Intent”. So they could argue that the original intent of the people who wrote the admendment was give only legal immigrants and their children the birthright citizenship, not people who sneaked in.

          Theres so many loopholes they can exploit. They are the final say on what the constitution means, after all.

      • catloaf@lemm.ee
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        18 days ago

        If they’re not “subject to the jurisdiction”, doesn’t that mean they can just commit whatever crimes they want? Could they even be deported?

        But that assumes the Republicans would be logical and consistent, when they are neither.

        • ERROR: Earth.exe has crashed@lemmy.dbzer0.com
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          18 days ago

          Nah.

          If, say, a foreign countey invaded the us.

          Ok, say, Canada invaded New York. People born in New York after Canada’s invasion no longer have birthright citizenship. And let’s say, the US had a federal abortion ban nationwide. You are born in Canadian Occupied New York. You are a woman. You accidentally got pregnant. No worries, you just get an abortion, its legal in Canada.

          Okay a few month after you get the abortion, the US counterattacks and recaptures New York.

          You are still not gonna be a US citizen.

          But you got an illegal abortion. You are gonna go on trial for getting an illegal abortion.

          Nope you are still not a citizen.

          #Shenanigans.

    • dunidane@lemmy.sdf.org
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      18 days ago

      They are going to claim that if their patents are here illegally they aren’t ‘subject to the jurisdiction thereof’. No matter how stupid that idea is their supreme court may let it go anyway. They already shit all over other parts of the 14th.

      • HakFoo@lemmy.sdf.org
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        18 days ago

        Doesn’t saying they’re not “subject to jurisdiction” mean they’re outside general reach of the legal system, like a crime-drama character claiming diplomatic immunity?

        I’d love to see someone pull that string.

      • Rapidcreek@lemmy.world
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        18 days ago

        Birthright. If you are born here, you are a citizen. That’s what they are talkin1g about.

        • jj4211@lemmy.world
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          17 days ago

          There’s no confusion over the subject, just an expectation that the current SCOTUS could play the “Constitution doesn’t apply if the mother had no legal standing to actually be in the US” argument. That technically that hasn’t been established, and that there’s an implicit expectation that people giving birth in the US are legally recognized to be in the US, and all bets are off if the mother isn’t legally allowed in the US but gives birth in the US anyway. To the extent they seek being explicit about legal standing, they may point to the “and subject to the jurisdiction thereof” words as stating an illegal presence means that they are not subject to the jurisdiction of the US or the state.

    • prole@lemmy.blahaj.zone
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      17 days ago

      Let’s see how much the Constitution matters in a month and a half. Everyone who responds to the upcoming Trump madness with “it’s unconstitutional” are in for a rude awakening.

    • excral@feddit.org
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      17 days ago

      DoJ: “My lord, is that… constitutional?”

      SCOTUS: “I will make it constitutional”

  • solsangraal@lemmy.zip
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    18 days ago

    i wish everyone would get rid of the assumption that the constitution will protect you

    “that’s unconstitutional!!!” doesn’t mean jack shit anymore

      • floofloof@lemmy.ca
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        18 days ago

        They’ll deny it until it is happening and they feel safe to admit they believed him and wanted it to happen.

        • prole@lemmy.blahaj.zone
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          17 days ago

          Yup. This exact shit has essentially destroyed my relationship with my parents. I can only ignore the repugnant politics for so long and up to a certain point before I have to reconsider if I want that hatred and bigotry in my life.

    • WideEyedStupid@lemmy.world
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      18 days ago

      I’ve noticed many Americans also talk about those ‘unalienable rights’ like it’s some law of nature. They’re not unalienable. Having rights is not a given. Ask many groups of people throughout history. You only have rights as long as others respect them. Where are your unalienable rights when you’re grabbed off the street in a black van and taken somewhere without anyone knowing? When your fellow citizens / your government decides you shouldn’t have them anymore? If rights were unalienable, why are they dependent on borders?

      Sometimes I think people feel too safe. Otherwise they wouldn’t accept others losing their rights so easily. They still think they won’t/can’t lose their own.

  • UncleJosh@lemmy.world
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    18 days ago

    My 86-year old mother is house-bound but she is the daughter of two immigrants who came over in the 1910’s, so I guess she’s gonna be shipped off to another country. I have no idea if my brother and I, both in our 50’s would be subjected to deportation considering we haven’t lived with her in over 30 years.

    Maybe the US shouldn’t have elected an out-and-out racist asshole.

    • Flying Squid@lemmy.world
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      18 days ago

      I’m the child of an immigrant and a native-born person. So does half of my citizenship get taken away?

        • Flying Squid@lemmy.world
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          18 days ago

          The lower half. I might lose my penis, but I get to keep my brain.

          Unless this is a vertical bisection of course. Then the left side because I’m left-handed.

          Although I wouldn’t have my right brain hemisphere anymore… Now I’m confused.

    • DacoTaco@lemmy.world
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      17 days ago

      Congrats, nearly everyone in the written history of america are immigrants. Anyone after the declaration ? Gone! Immigrants from first and second world war? Gone! Good old usa! ( /s incase its not obvious)

  • Pyr_Pressure@lemmy.ca
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    18 days ago

    Not sure how he plans on deporting people who were born in the United States and have no citizenship anywhere else since not every country automatically gives it to people’s children born abroad.

    They would effectively have no home country to deport them too.

      • sik0fewl@lemmy.ca
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        18 days ago

        Slavery is much more economically viable than extermination. So, thank you capitalism, I think?

        • peopleproblems@lemmy.world
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          18 days ago

          But you also have to keep slaves relatively healthy to maintain them working. If you slaves get too hungry, they can’t do whatever labor you make em do. If they get real sick, it’s going to affect your other slaves.

          And human slaves usually don’t put their heads down and do it forever. A lot of the Nazi labor camps massacred their captives because they started uprisings.

          There is nothing economically feasible with what they want. They just think they can do what they want and he even richer. Which is why you can look at the entirety of recorded human history for these same mistakes being repeated over and over again.

          • sik0fewl@lemmy.ca
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            18 days ago

            That’s easy, you just continue to expand the list of “undesirables”.

          • CitizenKong@lemmy.world
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            18 days ago

            They also don’t seem to know or tend to forget that it only needs a relatively small percentage of the population to flat out resist for society to stop working. Only a few hundreds of thousands of protesters in East Germany brought the country to its knees and effectively ended the Cold War.

    • CurlyWurlies4All@slrpnk.net
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      18 days ago

      Hello. Australian here. Just ask our sadistic government. We do it all the time. Hint: It involves putting people in camps.

      • Flying Squid@lemmy.world
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        17 days ago

        They can’t do that unless Mexico agrees. They can’t just drive people down to San Diego and then shove them into Tijuana.

    • leisesprecher@feddit.org
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      18 days ago

      Even bigger question: what then?

      Say you deport a citizen of Mexican origin to Mexico. Can’t they just, you know, go back? They’re citizens, with a passport/id.

      The only alternative is to strip them (at least de facto) of their citizenship, which is literally a Hitler move (https://de.m.wikipedia.org/wiki/Gesetz_über_den_Widerruf_von_Einbürgerungen_und_die_Aberkennung_der_deutschen_Staatsangehörigkeit, only a German source, unfortunately).

      • Flying Squid@lemmy.world
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        18 days ago

        Happened to my grandfather. A Jew born in Germany who emigrated to England in the late 1920s. I have his naturalisation papers from when he became a citizen of the UK in 1936 and his nationality is listed as “stateless.”

      • bitchkat@lemmy.world
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        18 days ago

        You don’t even need to read the article. The title states quite clearly this is about citizenship not residence.

        • stormeuh@lemmy.world
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          18 days ago

          Which may be the end goal, use this as a wedge to convince their base that revoking citizenship may be justified in some cases.

    • prole@lemmy.blahaj.zone
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      17 days ago

      You are missing out on a key component of their plan: concentration camps.

      He has outright said that he plans on using the same law that was used to justify the internment of Japanese citizens during WW2.

      https://www.independent.co.uk/news/world/americas/us-politics/texas-land-trump-mass-deportation-b2650813.html

      https://www.salon.com/2024/10/11/theyre-animals-vows-mass-deportation-under-law-used-to-justify-japanese-internment-camps/

      Literal concentration camps are coming.

    • LadyAutumn@lemmy.blahaj.zone
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      18 days ago

      They would effectively become stateless. And how they do what from there depends a lot on where they are forcefully relocated to. Assuming the majority will be forced into Mexico, Mexico has an established legal process for accepting refugees. Through the application process, if approved, you (and your family unit) would gain permanent residency. It’s not the same as citizenship, but you could stay there indefinitely and have mostly the same rights as Mexican citizens. You might run into issues with getting passports and traveling internationally, but at the least, you would be able to stay in Mexico. That depends on your refugee application being approved, and I’d imagine when the numbers cross over into the millions their established system would break down a bit and there would probably be very long delays during which you could be deported.

      If it’s somewhere else, well, it varies widely. Most of the Caribbean islands have comparatively smaller populations and probably only handle migration on a small scale. It’s very hard to say how things would play out. Many would almost certainly be forced to illegally immigrate back into America.

    • Ech@lemm.ee
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      18 days ago

      He was already shocked Bahamas turned down his “offer” to send them deported people. I think it’s only a matter of time before they send a plane somewhere anyhow and get US flights promptly banned everywhere.

    • SeaJ@lemm.ee
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      18 days ago

      He doesn’t plan on shit. Even this Supreme Court would tell him to fuck off.

      • morriscox@lemmy.world
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        17 days ago

        Given that the Supreme Court ruled that all official (who decides?) acts are legal, I have no faith in them.

  • Diplomjodler@lemmy.world
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    18 days ago

    Anyone in the US who believes they have any sort of legal protection is just delusional. The only protection that exists there is through money.

  • finitebanjo@lemmy.world
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    18 days ago

    It’s never going to stop surprising me when a politician says he’s going to do something, I tell people, and then he does it but so many people were still caught completely off guard. I imagine this is how many in the UK feel about Brexit.

    • purplemonkeymad@programming.dev
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      18 days ago

      For real Brexit was a stunning result. I just remember this post results interview with same randoms about it and one of the yes voters was like “yea I just through it was never going to happen and voted yes as a laugh.”

    • prole@lemmy.blahaj.zone
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      17 days ago

      It’s unreal. Days after the election, people I work with were saying that Project 2025 was just propaganda and that he’s not actually going to do all the stuff he said he would do.

      • dmention7@lemm.ee
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        17 days ago

        That’s my mother to a T. She defends all the batshit stuff he spews by saying it’s just a negotiating tactic to get to some “reasonable” compromise. Which may well be true, but it doesn’t change the fact that his opening bid is always something batshit insane and/or cruel, and that he would happily go through with it, if he were allowed to.

    • MyOpinion@lemm.ee
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      18 days ago

      The rules do not apply to the rich. I think at this point he has made that clear over and over again.

  • cultsuperstar@lemmy.world
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    18 days ago

    So is he going to stop renting his penthouses in Florida to Russians so they can have babies here to be US citizens? Or does his plan only affect brown people?

    • auzy@lemmy.world
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      17 days ago

      No

      In other news, 34 criminal convictions by a unanimous jury (which is near impossible to win) doesn’t make you a criminal either apparently. You’re only a criminal if you’re related to Biden (and don’t worry, revenge porn by Marjorie is perfectly ok too)

      You could bring down the average conviction rate in the US simply by deporting Trump

  • rational_lib@lemmy.world
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    18 days ago

    “Doesn’t the 14th Amendment pose a problem for that plan?”
    “Not a problem, no one handles amendments like me. 14 amendments is nothing, when I…when I do the Christ stuff before food I do 15, 30, 100 amendments. And people say ‘Wow, you are so good with the amendments, no one does the amendments like you.’ So I got that all taken care of.”

    • finitebanjo@lemmy.world
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      18 days ago

      He actually already opened an office to review and attempt to take away citizenship from people who already earned it, back in 2020.

    • Srh@lemmy.world
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      17 days ago

      The Supreme Court in historically (and I can only imagine the current court will be the worst so far) has never been able to count to 14 much less interperate it.

  • MetalMachine@feddit.nl
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    18 days ago

    This would be huge. Much like Europe, America’s population will decline. You need immigrants.

    • prole@lemmy.blahaj.zone
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      17 days ago

      Immigrants are the heart and soul of this country. I can’t even imagine wanting to live in whatever milquetoast, boring-ass, white bread America that these idiots want.

    • GiddyGap@lemm.ee
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      18 days ago

      It’s not gonna happen. It would open up challenges to constitutional amendments that he and his supporters care about.

      • Jyek@sh.itjust.works
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        17 days ago

        He doesn’t care about the constitution. Like not even a little. He has said as much when he called for the termination of the constitution in 2022.

        • GiddyGap@lemm.ee
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          17 days ago

          Plenty of his supporters care about the 2nd amendment. Trump is extremely thin-skinned when it comes to his popularity and self-preservation.

  • ERROR: Earth.exe has crashed@lemmy.dbzer0.com
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    18 days ago

    I am not a lawyer, this is my interpretation of the situation.

    So heres what I think will happen.

    Birthright citizenship will not be completely gone.

    To recap, 14th Amendment, Section1 says:

    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.

    What will most likely happen is the DoJ under trump will take it to the supreme court, then the 6 conservatives will rule that unauthorized immigrants are not “subject to the jurisdiction thereof”, so therefore their children do not get citizenship at birth. Maybe this is retroactive, maybe it applies from then on, I don’t know.

    But thats the most likely scenario.

    Because we had a very conservative court back in the 1898 (remember, black people in this era couldn’t even vote in southern states) that ruled that (United States v. Wong Kim Ark)

    a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China",[5] automatically became a U.S. citizen at birth.

    So I doubt this supreme court is more conservative than a 1898 supreme court so they most likely are not overturning that.

    Basically, that court ruled that children of permanent residents have birthright citizenship, but never ruled on whether children of unauthorized immigrants have birthright citizenship. This 6-3 supreme court is gonna answer that. Which is gonna be a no, unfortunately.

    • frezik@midwest.social
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      18 days ago

      More likely, a lower court shoots it down, and there’s no basis for an appeals court to do anything different. They tweak it and try again. That one also fails. Try again.

      Eventually, they get something that threads the needle. This is how the “Muslim ban” went.

        • frezik@midwest.social
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          18 days ago

          There are two other factors at work:

          • A bunch of conservative-related businesses know what a clusterfuck it will be for their bottom line; that will push the Supreme Court to pretend there’s no issue here
          • The Supreme Court can only take so many cases at a time

          Even if we assume they’re just going to bypass the usual ladder up the federal court system, they can’t do that on everything just as a practical matter.

    • ricecake@sh.itjust.works
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      18 days ago

      I enjoy the notion that they would argue that undocumented immigrants are not subject to US law in the fashion that diplomats aren’t subject to US law, since that would effectively prevent anything except deportation as a punishment for crimes.
      “Your children can’t be citizens, but you can murder with impunity until we ask you to leave”.

    • NobodyElse@sh.itjust.works
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      18 days ago

      I concur with your interpretation. But as for your final line, I’m not sure why this interpretation is unfortunate. We need to streamline and overhaul the immigration process for sure, but why is encouraging unregulated immigration a good thing?

      • ERROR: Earth.exe has crashed@lemmy.dbzer0.com
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        18 days ago

        I say unfortunately because there could be problems with a child of an undocumented immigrant that is born and grew up in the US for their entire life, then suddenly losing their citizenship because of a court decision.

        Maybe if the decision did not apply retroactively, then I’d might be okay with it.

        • NobodyElse@sh.itjust.works
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          18 days ago

          Oh yeah, that’s definitely a bad outcome, I agree. Thankfully retroactive laws seem to be much harder to pass.