Amanda Frost, a law professor at the University of Virginia and author of 'You Are Not American,' dives into the implications of current immigration policies. She discusses the alarming trend of redefining birthright citizenship and its potential impact on millions of American children. The conversation also explores a landmark ruling from a Trump-appointed judge that challenges the Alien Enemies Act, showcasing judicial pushback against unconstitutional immigration actions. Frost emphasizes the historical significance of citizenship rights and the ongoing battle against disenfranchisement.
The judicial ruling from Texas reinforces the principle of due process in immigration by challenging the Trump administration's use of the Alien Enemies Act.
Discussions about birthright citizenship reveal attempts to redefine Americanness, potentially leaving millions of children born in the U.S. vulnerable to deportation.
Historical context surrounding the 14th Amendment highlights the original intent to ensure inclusive citizenship, contrasting with current narrow definitions proposed by the administration.
Deep dives
Identity Theft and Protection
Identity theft is a significant concern in the U.S., with a victim reported every five seconds. To combat this issue, LifeLock offers comprehensive monitoring of personal information across numerous data points, providing users with protection against identity theft threats. If a customer's identity is compromised, LifeLock ensures that a U.S.-based restoration specialist will assist in resolving the issue, guaranteeing resolution or a money-back refund. Promotional offers allowing substantial discounts for new customers make it easier for individuals to take action toward securing their identities.
The Impact of the Executive Order on Citizenship
An executive order was issued that affects the citizenship rights of 3.6 million children born in the U.S. annually, requiring families to navigate complex documentation to prove their citizenship status. This order alters the longstanding understanding that birthright citizenship applies universally, potentially leaving many children, especially those born to non-citizen parents, vulnerable to deportation and loss of civil rights from the moment they are born. This shift signifies a broader agenda to redefine Americanness and control who is considered a citizen. Legal scholars warn that these changes could destabilize core American values around inclusivity and citizenship.
Judicial Challenges to Deportation Practices
Recent judicial developments in Texas are noteworthy, particularly the ruling by U.S. District Judge Fernando Rodriguez Jr., which allows Venezuelan migrants to sue collectively against deportation. The ruling indicates that the Alien Enemies Act of 1798 cannot be used to summarily deport these individuals, emphasizing that applying the law in this context is legally unfounded. The judge's decision marks a significant victory against the Trump administration's aggressive immigration strategies, reiterating the necessity of due process in immigration proceedings. This case might set a precedent for how future claims related to deportation are handled in the judicial system.
Legal Implications of Class Action in Immigration
The ruling in Texas by Judge Rodriguez introduced a crucial framework for future immigration-related litigation by recognizing the right of migrants to bring class action lawsuits. This approach simplifies the legal process for numerous individuals facing similar claims, allowing for a collective response to legal challenges rather than forcing each individual to file separately. Such a development could ease the burden on the judicial system while promoting a more equitable treatment of migrants. This shift represents a significant response to past judicial reluctance on collective legal actions in immigration cases.
Historical Context of Citizenship Laws
The conversation includes a historical exploration of the complexities surrounding the 14th Amendment's citizenship clause and how the Reconstruction Congress aimed to clarify who qualifies as a citizen. Key figures during the Reconstruction era made efforts to ensure that birthright citizenship encompassed all persons born on U.S. soil, with exceptions primarily limited to children of diplomats and foreign invading forces. Despite initial challenges in interpreting these laws, pivotal cases, such as Wong Kim Ark, reinforced the principle of universal birthright citizenship. Understanding this historical context helps clarify the immense implications of contemporary challenges to citizenship and immigration.
Reevaluating the Concept of 'Allegiance'
Current arguments from the Trump administration attempt to redefine allegiance as a criterion for citizenship, claiming that individuals without complete allegiance to the U.S. do not qualify for birthright citizenship. However, this notion contradicts the established legal framework and historical interpretation of the 14th Amendment. The lack of legal precedent for such a narrow definition raises concerns about the arbitrary exclusion of various immigrant populations. Legal scholars argue for the need to uphold the original intent of the Constitution, which aimed for inclusivity rather than restrictive definitions of citizenship.
Whether it’s attempting to overturn birthright citizenship, effectively stripping citizenship from American children, or claiming Alien Enemy Act war powers under an imaginary invasion, Trump’s anti-immigrant moves are outlandishly unconstitutional. They are also being met with significant pushback from judges, even conservative ones. On this week’s Amicus, Dahlia Lithwick is joined by Slate senior writer Mark Joseph Stern who explains the landmark ruling from a Trump-appointed judge in the southern district of Texas that declared the administration's use of the Alien Enemies Act is unlawful. Next, Amanda Frost, University of Virginia law professor and author of You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers, joins Dahlia to explain what Birthright Citizenship really means, and all the ways Trump is working to redefine what it means to be an American, including stripping citizenship from children and denaturalizing adults.
Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.
