Arresting them and deporting them?
SCOTUS BlogBy César Cuauhtémoc García HernándezFeb 5, 2026Courts and executive branch agencies have customarily interpreted the citizenship clause as granting U.S. citizenship at birth to everyone born in the United States except for children born to diplomats, Native Americans, and invading military forces. Indeed, other than these three narrow exceptions, courts and past presidential administrations since 1868, when the 14th Amendment was ratified, treated as irrelevant the citizenship or immigration status of a child’s parents. (In 1924, President Calvin Coolidge signed the Indian Citizenship Act, which gave U.S. citizenship to all Native Americans born in the United States.)Despite this, on the first day of his second term, Trump issued an executive order narrowly interpreting the citizenship clause. According to the executive order, children born in the United States should not be treated as U.S. citizens if they are born to a father who is neither a U.S. citizen nor lawful permanent resident and a mother who was living in the United States – at the time of the child’s birth – under a temporary visa or without the federal government’s permission.
Okay, lets look at the 14th Amendment:
Fourteenth Amendment Equal Protection and Other RightsSection 1 RightsAll 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Lets take it apart, "...and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside" You know the part where it says "subject to the jurisdiction" all those ICE arrests means that they are subject to the laws!
Um... "deprive any person of life, liberty, or property, without due process of law" that means Trump cannot ship undocumented people out of the country without a court hearing!
The Justice Department’s claim that the 14th Amendment grants citizenship only to the children of people who owe “primary allegiance” to the United States likewise builds on decontextualized quotations. Of the three members of Congress and two senators that the government highlights, four – Senators Justin Morrill and Philemon Bliss as well as Representatives John Broomall and Martin Russell Thayer – describe allegiance as deriving directly from birth in the United States. Morrill, for example, said that “every man, by his birth, is entitled to citizenship, and that upon the general principle that he owes allegiance to the country of his birth, and that country owes him protection.” The government’s brief quotes a comment from Morrill about allegiance and protection, but by not presenting this statement the brief ignores Morrill’s broader position: a man is a citizen of the country in which he is born because he owes it allegiance and it owes him protection. Independently, Bliss, Broomall, and Thayer express similar views. At no point do any of them qualify citizenship like the Justice Department claims.
Um... where does it say that in the Amendment? I don't see that written anywhere?
The only reason why they are attacking the 14th Amendment is because they are xenophobic!
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