@joebovino: U.S. Birthright Citizenship — What Now? What's likely to happen with respect to President Donald Trump's executive order seeking to end birthright citizenship in the United States? First, please note that President Trump's executive order does not apply retroactively. It is explicitly designed to affect only children born after February 19, 2025. This means it does not alter the citizenship status of individuals already born in the United States prior to that date, regardless of the immigration status of their parents. Second, the executive order is currently blocked nationwide by legal challenges, and the matter is unlikely to be finally decided until after several appeals and a ruling by the United States Supreme Court. Third, you may have heard elsewhere that there's no way that the Supreme Court will rule in favor of the Trump administration. Well, that's not true. In fact, I think the odds of the Trump administration prevailing at the Supreme Court are at least 50% and significantly higher if the Justices rule on the merits rather than for political reasons. That's because the text of the 14th Amendment's Citizenship Clause of the U.S. Constitution contains two requirements for acquiring automatic citizenship by birth: One must be born in the United States AND be subject to its jurisdiction. And that raises the question of what the drafters of the Citizenship Clause, and those who ratified it, meant by "subject to the jurisdiction thereof." Did it mean partial, temporary jurisdiction that applies to almost anyone while they are on U.S. soil? Or did it mean subject to a more complete jurisdiction such that an individual must owe full allegiance to the United States and not to any foreign power? Proponents of the more expansive interpretation often say that the Supreme Court already settled the issue in the 1898 case of United States v. Wong Kim Ark. But even if that case was correctly decided—and many claim that it was not—the case involved a child born to parents who were permanently domiciled in the United States, not to those who were here illegally or temporarily. In fact, the Supreme Court has never held that the children of illegal aliens or temporary lawful visitors are constitutionally entitled to automatic citizenship merely by virtue of their birth in the U.S. And, by the way, when a 1920s guest worker program ended in the wake of the Great Depression and more than a million Mexican workers were repatriated to Mexico, the repatriation included their U.S.-born children, and no one at the time claimed that the children were U.S. citizens. Why not? Well, let's see what happens. It’s going to be interesting, that’s for sure. I'm Joseph Bovino, America-First immigration and business attorney based in Miami and serving clients worldwide. Follow for more. #immigrationlawyer #immigrationattorney #usimmigration #usimmigrationlawyer #birthrightcitizenhip #trump #immigration #immigrationlaw #14thamendment #fy #fyp #viralvideo #viralvideos #illegalimmigrants #illegalimmagration #illegalaliens #joebovino #josephbovino #bovinolawgroup #citizenship

Joseph Bovino, Esq.

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Tuesday 25 February 2025 22:02:55 GMT