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lapfog_1

(29,199 posts)
5. he has in the past made this claim
Thu Sep 1, 2016, 10:27 AM
Sep 2016

babies born to illegal status parents are not US citizens.

That may fly in the face of the constitution. But... pack the court with Donald's picks and you could see a ruling that allows these people to be deported.

karynnj

(59,503 posts)
7. Anyone that extreme should and likely would be filibustered
Thu Sep 1, 2016, 10:44 AM
Sep 2016

41 Senators can vote against cloture. There is no scenario where we have less than 41 Senators.

lapfog_1

(29,199 posts)
8. you are talking about passing a new law
Thu Sep 1, 2016, 10:50 AM
Sep 2016

I'm talking about a simple court decision that someone born here but to illegal status parents is not a citizen. That only requires a circuit court to decide that and a 4-4 split at the Supreme Court or a 5-4 decision at the Supreme Court. No new law would have to be drafted or voted on.

karynnj

(59,503 posts)
9. I was speaking of confirming that reactionary a person for the Supreme Court
Thu Sep 1, 2016, 10:55 AM
Sep 2016

I hope this is so clearly not in keeping with the Constitution that NO current supreme court justice - even Thomas - would vote that way.

Again, decided the way you suggest -- a 58 year old born here to illegal immigrants, who might themselves have married and had American children and possibly grandkids would also have their citizenship in question. (Not to mention are the kids born to this person illegal because now their parents are (assuming both are in this situation.)

lapfog_1

(29,199 posts)
11. But we don't know how they would vote
Thu Sep 1, 2016, 11:22 AM
Sep 2016

you assume that the supreme court would be reasonable.

or that a lower court would be reasonable.

But in a Trump America, that's a big assumption.

karynnj

(59,503 posts)
6. Any lawyers here want to comment?
Thu Sep 1, 2016, 10:42 AM
Sep 2016

As a non lawyer, what I always heard is that someone born here has the right to American citizenship. Does it matter how old they are? For instance, what of someone whose parents came here 60 years ago and they are 58 years old?

Not to mention, how far back does this go? ie - assume that the mother was born in the US to a person who came here illegally, is the child a citizen? What if this were true for both parents? Should we go back to the 4 grand parents?

I was surprised that he spoke repeatedly of people over staying their visas. Back when my kids were little, I knew several young women who came over on the same program we used for au pairs who could stay for a year -- who illegally stayed sometimes with the same family and some times with a new family.

Given that it is likely that Trump has a pattern of having models working for him when their visas do not allow that, his new zero tolerance is interesting. As a devil's advocate, should someone suggest if all these draconian things are enacted, maybe anyone who ever violated their visa rules should be deported .... even if their first name was Melania.

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