Tennessee Attorney General Johnathan Skrmetti filed a legal brief in support of President Donald Trump’s executive order ending birthright citizenship for the children of illegal aliens.
The executive order, which Trump signed on his first day in office, was swiftly challenged in the courts and has been blocked from going into effect by a second federal judge in response to a lawsuit from CASA and other left-wing organizations.
Skrmetti outlined his opinion in favor of the executive order’s legality in a “friend-of-the-court” brief filed earlier this week, asserting that the Constitution does not guarantee birthright citizenship for those whose parents are present in the United States illegally.
“Contemporaneous sources instead support what common sense suggests: Conferring United States citizenship requires a more meaningful connection than mere presence by happenstance or illegality,” the 18-page brief states. “That connection, evidence repeatedly instructs, was parental domicile. Supreme Court precedent likewise cuts against a mere-presence rule and for a domicile-based rule.”
It goes on to reference previous Supreme Court cases, arguing that birthright citizenship does not apply to those who are subject to the laws of foreign countries. “In 1872, the Court’s decision in the Slaughter-House Cases stated that the Citizenship Clause ‘was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States,’” the brief explains. […]
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