To fix birthright citizenship, declare a foreign invasion

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To fix birthright citizenship, declare a foreign invasion

The Hill · 5 hours ago

The opinion piece argues that, after the Supreme Court’s ruling in Trump v. Barbara, opponents of birthright citizenship may seek to use the constitutional exception for children born during a hostile foreign occupation. It contends that declaring unlawful migration a foreign invasion could be presented as a route to limiting automatic citizenship, though such a move would carry serious legal and political implications.

The article is framed around the Fourteenth Amendment’s guarantee of citizenship to people born in the United States and the narrow historical exceptions recognised in case law, including children of hostile occupying forces. It links the argument to President Trump’s attempt to restrict birthright citizenship and suggests that the court’s decision makes a conventional executive-order approach difficult.

  • The piece proposes an invasion declaration as a possible legal workaround.
  • Birthright citizenship remains protected under the Fourteenth Amendment.
  • The argument relies on a narrow hostile-occupation exception.

Politics

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