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Several groups led by DACA recipients gathered at La Placita Olvera in Los Angeles, California, on November 11, 2024, for a rally and march in response to policies President-elect Trump has promised to enforce against immigrants who have entered the country.
Can Trump end birthright citizenship?
The lawsuit, led by New Jersey, California, and Massachusetts, argues that Trump can’t unilaterally rewrite the Constitution’s 14th Amendment guarantee of birthright citizenship to every baby born in the US. They point to the Supreme Court’s Wong Kim Ark decision, which set the precedent of birthright citizenship regardless of the parents’ legal status in 1873.
Trump argues that revoking birthright citizenship is critical to curbing illegal migration to the US. He is supported by a minority of legal scholars who say that Wong Kim Ark decision misinterpreted the Constitution. They argue that because unauthorized migrants are not “subject to the jurisdiction” of US law – in the sense that they can’t vote and are excluded from certain rights afforded to Americans – that the 14th Amendment does not apply to them or their children.
Will Trump succeed? Trump can’t rewrite the 14th Amendment or 100 years of legal precedent with an executive order, but he could with the help of sympathetic judges. Lower courts are likely to side with the states, but if Trump appeals, it is likely to be decided by the Supreme Court, where the Conservative majority has not shied away from overturning legal precedent in recent terms.Migrants, most with children follow a path along the concertina wire where ultimatley they will placed under guard by Border Patrol after having crossed the Rio Grande on May 27 2022 in Eagle Pass Texas, USA. Title 42, the Trump era mandate which was set to prevent migrants from entering the US, was to expire on May 23 but was blocked by a lawsuit filed by several states citing that the move to strike down the law “failed to meet standards set by the Administrative Procedure Act” and that there is no permanent solution to handling the inevitable surge in immigration. Opponents to upholding of the law voiced their demands stating that Title 42 is illegal in that it violates immigration laws that prevents immigrants from their right to seek asylum. Since the implementation of Title 42 in March 2020, US Customs and Border Protection has effected “more than 1.8 million expulsions, mostly on the southern border of the US-Mexico Border”.
Migrants rush to US border fearing Trump’s return
Hundreds of migrants from around a dozen countries left Mexico’s southern border area by foot on Sunday, heading north toward the US border. They hope to make it to the frontier before November’s election out of fear that Donald Trump could win and close the border to asylum-seekers.
Migrants in the group reported that they fear that a Trump administration might stop granting appointments to migrants through CBP One, an app used by asylum-seekers to enter the US legally — by getting appointments at US border posts, where they then make their cases to officials. The app only works in northern Mexico and Mexico City.
Trump is likely to use the caravan to make his case that the US needs a president who is tough on immigration. During the Republican National Convention, he promised to crack down on the border if elected, including increasing deportations of illegal migrants and making asylum-seekers wait in Mexico while their claims are processed.
If the caravan continues to make the headlines, it could be bad news for Kamala Harris, as she trails Trump on immigration and as a majority of Americans – some 55% – believe that immigration levels should be reduced for the first time in two decades.