OAN Staff Gabriella Sable
1:13pm – Monday, February 10th, 2025
The Institute for Immigration Reform Law claims to be a US citizen at birth at age 14.th Amendments to the US Constitution, a person must be born in the United States to parents who were legally resident in the country at birth. The issue has drawn attention after three judges blocked an executive order signed by President Donald Trump, who tried to limit his birthright citizenship.
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Matt Krapo, senior advisor to the Institute for Immigration Reform Law, says the 1898 US Supreme Court lawsuit gives precedents to this reasoning.
“Our legal argument is based on the 1898 Supreme Court case. One American news.
case The story focuses on whether Wong Kim Ark, born in San Francisco, California, was a citizen. He was not from the US and was born to parents who were not eligible for citizenship under the purview. China's exclusion law 1882. His parents were merchants who had permanent residency in the United States.
Under 14th Amendment, “All people born or naturalized in the United States are subject to that jurisdiction and are citizens of the United States and the state in which they live.”
Crapo explained that the case lies on the question of what “its jurisdiction” means.
“This case meant the main meaning of its jurisdiction,” Krapo said. “And in a long opinion, the Supreme Court has determined that to be subject to jurisdiction, it means paying direct and immediate loyalty to the state.”
“In that case, they determined that foreign aliens allowed to live in the United States with government permission were subject to national jurisdiction,” Krapo continued.
Crapo added that he believes the reason Birdlight citizenship has not been challenged up until now is because people didn't understand the court's decision.
“Most people just didn't read this decision in the way they intended and were not understood,” Crapo argued. “And granting citizenship to everyone was done without thinking exactly what they thought was subject to that jurisdiction.”
Crapo expects the issue of birthright citizenship will rise to the U.S. Supreme Court following injunctions by judges in Washington, Maryland and New Hampshire.
“I think we'll definitely get to the Supreme Court,” predicts Crapo. “The government expects to appeal any of these preliminary injunctions to the executive order, and I suspect that the Circuit will act promptly.
“There is also the possibility that the Supreme Court can appeal,” Crapo continued. “If one of the parties asks. I don't think it will happen, but that's a possibility.”
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