The Trump administration has sought to restrict citizenship to children with at least one parent with citizenship or permanent legal status.
Alito warned in his dissent the ruling could have “grotesque results,” including an encouragement of “birth tourism,” and national security ramifications.
“If the Fourteenth Amendment required these results, the country would have to live with them or amend the Constitution,” he wrote. “But the Fourteenth Amendment does not include the rule the Court now imposes on the country.
“In my judgment, the Court has made a mistake that will seriously affect the country’s future,” he continued.
Alito accused the majority opinion of relying “on precedent that glosses the text” of the 14th Amendment’s citizenship clause and that their argument “fails on textualist grounds.”
The conservative justice specifically pointed to the 14th Amendment’s reference to a person who is “subject to the jurisdiction of,” arguing that the court’s majority failed to consider issues of dual citizenship.
For that last bit related to being “subject to the jurisdiction of," is he suggesting that foreigners aren’t subject to criminal prosecutions? Like, if some gal who is foreign and lacks citizenship/greencard/visa/foreign service/etc. snuck in and randomly shoots someone, they’d not be subject to US prosecution? What if they’re also apprehended with a ton of Schedule 1 narcotics? We supposed to be like “Ope! She’s not subject to US jurisdiction. So, we better send her home with a stern finger wagging.”
Given that birthright citizenship has been the rule since the Civil War, is he saying that all of subsequent American history is an example of these “grotesque results”?
My family’s been here since 1733 and never took a test. If birthright citizenship isn’t real then am I a citizen?
And if we’ve never been citizens, who do we sue to get back all the taxes we paid?
Hell some of my ancestors have been here since before even James Town in one case but we hugged the borders of civilization through much of it so where do me and my kin fit in since records are scattered. For those curious my ancestors came over from western Ireland with a Jesuit expedition about 20 years before James Town.
Honestly don’t care about birth right citizenship. Tons of countries don’t have it. It made sense for north America when travel was long but now.
Funny how you went from saying it’s a bad thing to “I don’t care” after you were asked for even a shred of evidence about why it’s a bad thing.