• Rivalarrival@lemmy.today
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    21 hours ago

    The exception is supposed to be for agents of a foreign government: diplomats, soldiers, etc. People who are ordered into the US by their government.

    People who voluntarily come to the US are subject to the jurisdiction of the United States.

    Trump is trying to say that immigrants fall in the same category as enemy combatants. They can be held in the same way as POWs. Returning them to their country of origin isn’t “deportation”. It’s “repatriation”.

      • Rivalarrival@lemmy.today
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        18 hours ago

        “The United States’ connection with the children of illegal aliens and temporary visitors is weaker than its connection with members of Indian tribes. If the latter link is insufficient for birthright citizenship, the former certainly is,” the Trump administration argued.

        Everything they are saying about Native Americans is to support their argument against immigrants.

        The United States’ connection with the children of illegal aliens and temporary visitors is weak…

        I don’t accept this. The people who are not “subject to the jurisdiction” are agents of, or in the service of foreign governments. Like diplomats, spies, or soldiers in an invading army. People following the orders of foreign governments. People paid by foreign governments to be in the US. The US connection to the children of these foreign agents is weaker than the US connection to Native American tribes. The children of these agents don’t have a claim to citizenship under the 14th amendment.

        BUt Private individuals who choose to come to the US are not acting under orders from a foreign government. They come here - legally or illegally - under their own volition. In doing so, they directly subject themselves to US law, which means that their children born in the US fall under the 14th Amendment.