Weird: ACLU Lawyer To Essentially Argue Trump Is Right On Birthright Citizenship

And, because the Washington Post no longer does actual Journalism, they fail to see where the mistakes are being made in their Narrative

Daughter of immigrants brings history to bear in fight for birthright citizenship

American Civil Liberties Union Legal Director Cecillia Wang has filed lawsuits challenging racial profiling, illegal arrests and mandatory detention for undocumented immigrants. But when she appears before the Supreme Court on Wednesday, she will be arguing against the Trump administration over a question that is fundamental not only to the nation but also to her own family.

Who deserves to be an American?

Wang, 55, was born in Oregon, three years after her parents emigrated legally from Taiwan as graduate students, making her a U.S. citizen by birth even though they were not naturalized at the time. She credits changes in federal immigration law in the 1960s that eliminated national origin quotas on Chinese immigrants for providing her family a path to succeed.

That path has animated her work over two decades at the ACLU, where she oversees a legal staff of more than 200, and this week it will help inform her arguments against President Donald Trump’s executive order to end birthright citizenship for the children of undocumented immigrants and foreign visitors — including international students, like her parents. Opponents of the president’s order say it could deny citizenship to an estimated 250,000 newborns per year.

Getting beyond that she’s fighting for people who are not US citizens instead of protecting the rights of actual US citizens, dragging her story into the mix highlights exactly the point of the 14th. Let’s see the relative part of Section 1, the first sentence

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.

Her parents were here legally looking for citizenship: that made them subject to the jurisdiction thereof, hence, she would be a citizen. Those who wrote the 14th specifically said that foreign nationals were not covered.

In the government’s Supreme Court brief, U.S. Solicitor General D. John Sauer argued that Congress in 1866 did not intend for the amendment to cover the children of immigrants who are not lawfully, and permanently, present in the country. Rather, he wrote, it was strictly aimed to protect freed enslaved persons and their descendants.

And that was the point. Why else pass this right after the Civil War?

However, like I’ve noted, does Trump have the authority to enforce and EO on this? I can seriously see the Supreme Court saying “no, the President doesn’t have that authority, however, he doesn’t need that authority. Without any legislation from Congress, the intent of the 14th and the clear language is that the children born to foreign nationals on American property are not US citizens, regardless of whether they are foreign diplomatic/government personnel or someone here on a visitor, student, or tech visa. Or illegal aliens.”

Time will tell. Democrats want the children of illegals and fake asylum seekers to be citizens so they can vote (Democrat) in the future. And since the kids would be citizens we should just give the parents citizenship and voting rights, right? That’s their thought.

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8 Responses to “Weird: ACLU Lawyer To Essentially Argue Trump Is Right On Birthright Citizenship”

  1. Dana says:

    There’s another provision of the Fourteenth Amendment:

    Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

    Congress should, under this provision, have the authority to declare that the Fourteenth Amendment does not grant citizenship to the American-born children of people here illegally.

    • ruralcounsel says:

      They have the authority, just not the backbone or intelligence.

    • Elwood P. Dowd says:

      Go for it Congress!!

      AMENDMENT XIV

      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 law.

      Sections 2-4.
      Blah, blah, blah

      Section 5.
      The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

      Our friends on the Supreme Court would rule on any such legislation, ad infinitum.

      Native Americans were excluded, noted as not being “subject to the jurisdiction” of the United States – until the 1924 Indian Citizenship Act. Foreign diplomats are excluded for the same reasoning – they are not “subject to the jurisdiction”.

      Are persons in the U.S. without permission “subject to the jurisdiction” of the state and the U.S.?

      A pregnant British woman is in the U.S. on a legitimate visa, goes into labor a month early and has a bouncing baby boy, Winston, in Orlando FL. Is Winston a U.S. citizen?

      An American woman, living for years in Calgary BC, is impregnated by a Cuban man and has a baby, Rafael. Should baby Rafi be able to run for U.S. president??

  2. Dana says:

    Our illegal immigrant apologist wrote:

    Are persons in the U.S. without permission “subject to the jurisdiction” of the state and the U.S.?

    Well, they should be, but such a person has eluded that jurisdiction by virtue of being in the United States illegally.

    • Elwood P. Dowd says:

      Our illegal immigrant hater ignores that they pay taxes and must obey state and federal laws. Yes, yes we know they are present without permission, the criminal equivalent of not buckling your seat belt. Unlike trump, if an illegal immigrant is convicted of 34 felonies, they go to jail and get deported.

      One immigrant was paid $20,526 for ten modeling jobs between July 18, 1996, and Sept. 26, 1996, before her H-1B work visa was issued on Oct. 18, 1996. That is illegal.

      Viktor and Amalija Knavs were sworn in as U.S. citizens, benefiting from a path to citizenship dubbed “chain migration.” Boo!!!

      • drowningpuppies says:

        Good to see that Rimjob finally admits they’re illegal.

      • ruralcounsel says:

        What percentage do you suppose actually pay taxes versus get paid cash under the table?

        What percentage only pay taxes because they are working under a stolen social security number?

        What percentage obey state and federal laws, considering most drive without insurance, if not without valid drivers licenses?

        How many get arrested and then released (over and over again) because the ICE detainers are not honored?

        How many end up in prisons for crimes committed, but then when released are not turned over to ICE for deportation processing?

        The answers: too many.

  3. Elwood P. Dowd says:

    Do you have any actual, you know, information, on your questions?

    As many as 75% of undocumented immigrants are on formal payrolls, using Social Security numbers that were not issued to them (not stolen), according to the Social Security Administration. A 2024 ITEP study found that despite not having legal authorization, undocumented immigrants paid an estimated $96.7 billion in federal, state, and local taxes in 2022.

    Some 15.4% of U.S. drivers, or roughly 35 to 39 million motorists, were uninsured as of 2023, according to Insurance Research Council data. No doubt some of the 10’s of millions U.S. drivers without insurance are the undocumented.

    Some 9% of adult Americans, or over 20 million citizens, lack a valid, non-expired driver’s license. USClaims reports that unlicensed drivers are involved in roughly 18.4% of all fatal motor vehicle accidents. No doubt some of the 10s of millions U.S. drivers without a valid license are undocumented.

    Roughly 30,000 unconvicted people are arrested in the U.S. daily, (MacArthur Justice Center), a significant number are released pre-trial. At any one time, over 500,000 Americans are held in jails. Data indicates 88% of released defendants make all court appearances. Yikes, that’s a lot of Americans arrested per day! No doubt some of the 10s of milllions arrested and released each year are undocumented.

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