President Donald Trump’s administration asked the Supreme Court in a series of emergency appeals Thursday to allow him to move forward with plans to end birthright citizenship, elevating a fringe legal theory that several lower courts have resoundingly rejected.
if neither parent is a US citizen or permanent resident, the child wouldn’t have US citizenship by birth. notably, Kamala Harris would have been ineligible for the Presidency under this rule, since her parents were on student visas when she was born. (though the Heritage Foundation maintains they wouldn’t retroactively strip citizenship but still… yikes.)
also, the issue before the Court concerns a TRO blocking implementation of the policy change. they’re asking for the Court to rule that TROs must apply only to named plaintiffs. that’s a separate issue from the legality of the EO itself, but it’s actually scarier, since it would neuter the lower courts’ last meaningful check on the Executive’s power.
if neither parent is a US citizen or permanent resident, the child wouldn’t have US citizenship by birth. notably, Kamala Harris would have been ineligible for the Presidency under this rule, since her parents were on student visas when she was born. (though the Heritage Foundation maintains they wouldn’t retroactively strip citizenship but still… yikes.)
also, the issue before the Court concerns a TRO blocking implementation of the policy change. they’re asking for the Court to rule that TROs must apply only to named plaintiffs. that’s a separate issue from the legality of the EO itself, but it’s actually scarier, since it would neuter the lower courts’ last meaningful check on the Executive’s power.
Stephen Miller has indeed broached the topic of denaturalizing citizens
https://thehill.com/opinion/immigration/4992787-trump-deportation-plan-immigration/