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Comment by tiahura | Hacker News Reader

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The President is literally taking away citizenship. What can be more fundamental than that?

Birthright citizenship was never enacted into law. It was a policy change by the State Department early in the 20th century. Since Trump controls the State Dept, has the power to make the change - Congress needs to deal with this.

It's been enacted into law at least 3 times, for difference classes of people.

1. The 14th Amendment to the Constitution, which covers everyone born here who is not the child of foreign diplomats or members of foreign armed forces stationed in the US.

2. The Indian Citizenship Act of 1924 which extended it to Native Americans who were living under tribal sovereignty.

3. The Immigration and Nationality Technical Corrections Act of 1994 extended it to children of US citizens who are born outside the US.

Well, okay, but none of this applies to the children of illegal immigrants.

If you believe illegal immigrants can commit crimes, be jailed and be deported then by definition they are subject to US jurisdiction. There is literally no other position to hold here outside of outright hypocrisy.

Most illegal immigrants are not foreign diplomats or members of foreign armed forces stationed in the US.

Yes, yes it does. Explicitly and without debate.

This is false, per US v. Wong Kim Ark, and the attempt to reinterpret "subject to the jurisdiction thereof" was shot down by courts in Plyler v Doe.

https://constitution.congress.gov/constitution/amendment-14/

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