Following a fourth judge’s ruling blocking his executive order ending birthright citizenship for the children of illegal immigrants, President Donald Trump took to Truth Social to say that the Founding Fathers are “spinning in their graves” and that the 14th Amendment was for former slaves, not illegals.
“Our lawyers and Judges have to be tough, and protect America!” the president chided.
“The 14th Amendment Right of American Citizenship never had anything to do with modern-day ‘gate crashers,’ illegal immigrants who break the Law by being in our Country, it had everything to do with giving Citizenship to former slaves,” he wrote.
“Our Founding Fathers are ‘spinning in their graves”’ at the idea that our Country can be taken away from us,” he added. “No Nation in the World has anything like this.”
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In what has become perhaps his most controversial move yet, Trump issued an executive order on his first day back in the Oval Office to end the practice of granting birthright citizenship to the children of illegal immigrants.
The order – titled “Protecting the Meaning and Value of American Citizenship” – states that “the privilege of United States citizenship does not automatically extend to persons born in the United States” when that person’s parents are either unlawfully present in the U.S. or when the parents’ presence is lawful but temporary.
Since he signed the order, lawsuits have been filed by two dozen Democratic-led states and cities and several civil rights groups. Four federal district judges have issued rulings temporarily blocking the order as it works through the long judicial process.
The latest ruling, issued by U.S. District Judge Leo Sorokin last week, said the “Constitution confers birthright citizenship broadly, including to persons within the categories described” in the order.
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In response, several Republican states and America First Legal have filed amicus briefs in favor of Trump’s order, arguing that it is entirely constitutional and well within the original meaning of the 14th Amendment and in line with previous rulings by the U.S. Supreme Court.
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The 14th Amendment was passed in 1868 and was designed to extend citizenship to African American former slaves. The amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
After filing two amicus briefs in support of Trump’s order, America First Vice President Dan Epstein told Fox News Digital that the phrase “subject to the jurisdiction thereof” means that citizens must owe their political allegiance to the U.S., not some foreign power or culture.
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Epstein believes Trump’s order would restore the constitutional principle that only those who are subject to the jurisdiction of the U.S. – that is loyal, law-abiding Americans – are citizens. He believes the case will likely end up in the Supreme Court, where he is confident it will ultimately be upheld.
“My expectation is that this is a no-brainer. The law is clear, ‘subject to the jurisdiction thereof’ has to mean something,” he said. “So, it’s not a very hard question. It’s a very clear question and the law has a very clear answer.”
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