"Excluding Indians": Trump admin questions Native Americans' birthright citizenship in court

[LeftInTX]

49. They're going back to the 1866 Civil Rights Act and the groundwork of the 14th Amendment, which excluded Native American

https://en.wikipedia.org/wiki/Civil_Rights_Act_of_1866

all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and ..

Then, they probably pivoted to the 14th Amendment.

The 14th Amendment did not give birthright citizenship to Native Americans born on Reservations etc. Native Americans did not obtain full US citizenship until 1924 and it was done via an Act of Congress.

The Indian Citizenship Act of 1924, (43 Stat. 253, enacted June 2, 1924) was an Act of the United States Congress that declared Indigenous persons born within the United States are US citizens. Although the Fourteenth Amendment to the U.S. Constitution provides that any person born in the United States is a citizen, there is an exception for persons not "subject to the jurisdiction" of the federal government. This language was generally taken to mean members of various tribes that were treated as separate sovereignties: they were citizens of their tribal nations.https://en.wikipedia.org/wiki/Indian_Citizenship_Act#:~:text=The%20Indian%20Citizenship%20Act%20of,United%20States%20are%20US%20citizens.

Trump's EO does not apply to Native Americans. They are showing that Native Americans were "non-citizens during the drafting of the 14th amendment" and were not granted birthright citizenship until 1924 via an Act of Congress.