Reading through the executive order I see three categories of people it’s trying to affect.
“Terrorists”. This is the category I expect to be used first, and as such is the one I expect to get struck down first.
Diplomats and other individuals with diplomatic immunity. This one frankly I assumed already didn’t get birthright citizenship, as my reading of the “subject to the jurisdiction thereof” clause was that it was these people it was excluding.
“Birth Tourists”. This is the one that I have been exposed to the most fearmongering about. To be frank I am skeptical it happens often enough to matter, and the government would probably fare better simply denying access to the country anyone pregnant enough for it to come up. I also expect this part of the order to be struck down the moment an attempt is made to apply it.
That’s all assuming the order doesn’t get suspended and subsequently struck down by the courts immediately, which is unlikely.
“Birth Tourists”. This is the one that I have been exposed to the most fearmongering about.
Seriously, that there’s wave after wave of pregnant women entering the US just to give birth, to create American Babies, then leave again? These poeople really have worms in their brains.
The diplomats one is kinda insane. It says if EITHER parent works for a foreign government, including consulates. So if there was a man who worked at one, had a baby with an American woman, the baby wouldn’t have citizenship. Potentially there could be an American single mom, with a child born in America, and she would be harboring an illegal alien. All without leaving America once.
But if one of the parents has American citizenship, they would have the right to American citizenship through their parentage, and the executive order only purports to apply to children for whom neither parent has US citizenship.
It would need to be a pretty narrow set of circumstances, and it would still be unconstitutional if applied to a child for whom one of the two parents could have had a child with birthright citizenship.
You’re quoting the subsections but the section 2 as a whole, at the top, says:
It is the policy of the United States that no executive department or agency shall issue documents recognizing United States citizenship to, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship regarding, persons when neither parent of that person is a citizen and any of the following applies:
It’s a boolean “and,” so in order for those provisions you’ve quoted to apply, the person must also not have a citizen parent.
Reading through the executive order I see three categories of people it’s trying to affect.
“Terrorists”. This is the category I expect to be used first, and as such is the one I expect to get struck down first.
Diplomats and other individuals with diplomatic immunity. This one frankly I assumed already didn’t get birthright citizenship, as my reading of the “subject to the jurisdiction thereof” clause was that it was these people it was excluding.
“Birth Tourists”. This is the one that I have been exposed to the most fearmongering about. To be frank I am skeptical it happens often enough to matter, and the government would probably fare better simply denying access to the country anyone pregnant enough for it to come up. I also expect this part of the order to be struck down the moment an attempt is made to apply it.
That’s all assuming the order doesn’t get suspended and subsequently struck down by the courts immediately, which is unlikely.
Seriously, that there’s wave after wave of pregnant women entering the US just to give birth, to create American Babies, then leave again? These poeople really have worms in their brains.
The diplomats one is kinda insane. It says if EITHER parent works for a foreign government, including consulates. So if there was a man who worked at one, had a baby with an American woman, the baby wouldn’t have citizenship. Potentially there could be an American single mom, with a child born in America, and she would be harboring an illegal alien. All without leaving America once.
But if one of the parents has American citizenship, they would have the right to American citizenship through their parentage, and the executive order only purports to apply to children for whom neither parent has US citizenship.
It would need to be a pretty narrow set of circumstances, and it would still be unconstitutional if applied to a child for whom one of the two parents could have had a child with birthright citizenship.
It says EITHER PARENT on multiple occasions.
(b) either parent of that person is a foreign government employee, defined to include:
(ii) persons employed by a foreign embassy or consulate who are nationals of that foreign country;
You’re quoting the subsections but the section 2 as a whole, at the top, says:
It’s a boolean “and,” so in order for those provisions you’ve quoted to apply, the person must also not have a citizen parent.