• kersplooshA
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    3 days ago

    The executive order argues that the 14th Amendment “has always” excluded people whose parents are in the country illegally, because they are not “subject to the jurisdiction” of the United States.

    Wait a minute. If the children of undocumented immigrants are not subject to the jurisdiction of the United States, does that mean they are immune from prosecution? Is that what the new administration is saying?

    • Rivalarrival@lemmy.today
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      3 days ago

      Not quite. You’re not even close to how bad this actually is.

      He’s effectively putting them in the same category as enemy combatants.

      You don’t need to charge a foreign invader with a crime. You’re free to incarcerate them as a “prisoner of war”, and can be held indefinitely. If you do ship them back to their country of origin, you aren’t “deporting” them, you are “repatriating” them.

      Prosecution is how the criminal justice system applies due process to the accused. He’s saying that he doesn’t have to afford them due process. He’s saying he doesn’t need a conviction; he can go ahead and arbitrarily jail or expel “invaders” and their descendants.

      • kersplooshA
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        3 days ago

        Thanks for the clarification. It’s so much worse than I thought.

    • blady_blah@lemmy.world
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      3 days ago

      The funny (ok, not funny) thing is that the law was intended to keep the people in the south from saying that slaves aren’t really Americans… and since THEY aren’t Americans, their children aren’t Americans and their children, and on and on and on. So basically black people aren’t part of this country. They can’t vote and they don’t have rights, and nothing will ever change that. And Thomas will probably be 100% on board with ignoring the constitution to suite his politics. How sad is that?