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I am not a lawyer, this is my interpretation of the situation.
So heres what I think will happen.
Birthright citizenship will not be completely gone.
To recap, 14th Amendment, Section1 says:
What will most likely happen is the DoJ under trump will take it to the supreme court, then the 6 conservatives will rule that unauthorized immigrants are not "subject to the jurisdiction thereof", so therefore their children do not get citizenship at birth. Maybe this is retroactive, maybe it applies from then on, I don't know.
But thats the most likely scenario.
Because we had a very conservative court back in the 1898 (remember, black people in this era couldn't even vote in southern states) that ruled that (United States v. Wong Kim Ark)
So I doubt this supreme court is more conservative than a 1898 supreme court so they most likely are not overturning that.
Basically, that court ruled that children of permanent residents have birthright citizenship, but never ruled on whether children of unauthorized immigrants have birthright citizenship. This 6-3 supreme court is gonna answer that. Which is gonna be a no, unfortunately.
I concur with your interpretation. But as for your final line, I’m not sure why this interpretation is unfortunate. We need to streamline and overhaul the immigration process for sure, but why is encouraging unregulated immigration a good thing?
I say unfortunately because there could be problems with a child of an undocumented immigrant that is born and grew up in the US for their entire life, then suddenly losing their citizenship because of a court decision.
Maybe if the decision did not apply retroactively, then I'd might be okay with it.
Oh yeah, that’s definitely a bad outcome, I agree. Thankfully retroactive laws seem to be much harder to pass.