Rep. Matt Gaetz introduced legislation that would end birthright citizenship for children born in the U.S. to non-citizen parents. Currently, the 14th Amendment grants citizenship to all born in the U.S., including children of undocumented immigrants and those on temporary visas. However, Gaetz claims this has enabled fraud and misrepresentation, with estimates of 33,000 births annually to women on tourist visas. While the Supreme Court has upheld birthright citizenship, experts say a president cannot end it through executive action alone. Gaetz’s bill aims to preserve the “sanctity of American citizenship” by ensuring it is earned through legal migration.

  • uphillbothways@kbin.social
    link
    fedilink
    arrow-up
    26
    ·
    1 year ago

    They can’t think this would withstand legitimate supreme court scrutiny. Though with the current court maybe they’ve got a longterm plan to delegitimize the supreme court entirely. Can’t make heads or tails of these antics. Given current events and the state of the climate it’s hard to believe any of these institutions think they’ll be around long. Guess everyone’s just clowning for the cheap seats at this point.

      • uphillbothways@kbin.social
        link
        fedilink
        arrow-up
        3
        ·
        1 year ago

        you’re right. kinda feels like we’re just hanging out waiting to die though. can’t see any way that any of this goes in any good directions.

      • uphillbothways@kbin.social
        link
        fedilink
        arrow-up
        1
        ·
        1 year ago

        it’s true… just a bit hard to process how that goes from here. haven’t sorted out the tools to properly discuss it without sounding like i’m just waiting around to die.

    • snooggums@kbin.social
      link
      fedilink
      arrow-up
      12
      ·
      edit-2
      1 year ago

      You mention of a reasonable and logical court, but we have a fascist Christian right hate filled court that doesn’t give two shits about precedence or ethics right now that would absolutely support this anti immigrant take.

  • Irv@midwest.social
    link
    fedilink
    arrow-up
    22
    ·
    1 year ago

    This is unconstitutional and based on incorrect comprehension of the 14th amendment. Gaetz is specifically leaning on the “and subject to” part in "born or naturalized in the United States, and subject to the jurisdiction thereof.”

    However, this is clearly referring to exclude children born to diplomats who are not subject to jurisdiction because of diplomatic immunity. The exclusion does not apply to children born to undocumented immigrants.

  • sin_free_for_00_days@lemmy.one
    link
    fedilink
    arrow-up
    18
    ·
    1 year ago

    It would be better if he introduced some legislation that said if you partake in child abuse, through interstate underage sex trafficking, or don’t report or do anything about sexual abuse taking place in sports that you oversee, that you can’t be a Congressman. Wish in one hand, and shit in the other.

    It would be crazy if they actually get the votes to change The Constitution for this. I can’t see it happening. But I’ve said that too many times and been wrong over the past almost decade or so.

    • buckykat@lemmy.blahaj.zone
      link
      fedilink
      arrow-up
      13
      ·
      1 year ago

      Don’t need to change the constitution if you can get your council of unelected elders to decide it always meant what you wish it said.

  • Banzai51@midwest.social
    link
    fedilink
    arrow-up
    10
    ·
    1 year ago

    Can’t wait for the follow up legislation of, “If you’re not worth at least $5 million, are you really an American?”

  • vraylle@kbin.social
    link
    fedilink
    arrow-up
    9
    ·
    1 year ago

    Will it be retroactive? Without birthright citizenship can we just kick people like him out? One can dream…

  • Shhalahr@beehaw.org
    link
    fedilink
    arrow-up
    5
    ·
    1 year ago

    So he’s saying that non citizens are not subject to the jurisdiction of the US? So they all get diplomatic immunity?