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Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by djoldman on Saturday April 26, 2025 @10:14AM (#43803810)
From what research I've seen, the phrasing here should be that non-citizens were deported and chose to bring their US citizen children with them. The children themselves were not deported.

This in no way excuses any of the other issues like not allowing contact with legal advocates / attorneys.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by afavour on Saturday April 26, 2025 @10:25AM (#43803903)
Difficult to describe them as choosing to do anything:

> ICE held the families incommunicado, refusing or failing to respond to multiple attempts by attorneys and family members to contact them. In one instance, a mother was granted less than one minute on the phone before the call was abruptly terminated when her spouse tried to provide legal counsel’s phone number.

What would they do, leave their child in an ICE facility and hope that somehow word gets back to family to go get them?

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by gpm on Saturday April 26, 2025 @11:10AM (#43804297)
They would transfer custody to an individual who was allowed to remain in the US. This had been organized in the case of at least one of the US citizens deported (expelled?) here.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by Volundr on Saturday April 26, 2025 @11:20AM (#43804380)
How do you arrange this when not allowed to speak with anyone?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by gpm on Saturday April 26, 2025 @11:24AM (#43804415)
The mother and child were in custody, the father was not, and was prompt in acquiring legal counsel, arranging this, and suing, leading to exceptionally clear circumstances in this case. This is the docket for the lawsuit: https://www.courtlistener.com/docket/69940863/v-m-l-v-harper...

The mother was also technically able to speak with the father, though monitored, for less than a minute, and they were interrupted when the father attempted to give a number for the attorney to the mother.

To be clear, I'm not defending any of ICEs actions here, I'm saying that they kidnapped this child who had arrangements made to remain in the US despite ICEs best (also almost certainly illegal) attempts to prevent that from happening.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by op00to on Saturday April 26, 2025 @11:58AM (#43804720)
You do seem to be defending the actions by asserting that it was the parents decision rather than an action forced by ICE.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by gpm on Saturday April 26, 2025 @12:27PM (#43804999)
I don't see how you come to that conclusion.

I am arguing by pointing to the most clear and egregious violation of the law and human rights, that isn't meant to excuse any other violations.

I am not asserting that ICE followed any of the parents decisions, so I don't see that I could have possibly accidentally implied that ICEs actions were ok because they made the parents make an impossible choice and then followed it.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by Kim_Bruning on Saturday April 26, 2025 @12:12PM (#43804869)
> The mother was also technically able to speak with the father, though monitored, for less than a minute, and they were interrupted when the father attempted to give a number for the attorney to the mother.

Based on your wording alone, would it be safe to say the mother was unable to avail herself of counsel before making a decision?

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by gpm on Saturday April 26, 2025 @12:25PM (#43804983)
To the extent that they let the mother make a decision, which is itself unclear, I would say all evidence points to that.

We only really have the father's and judge's account of events here.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by chasd00 on Saturday April 26, 2025 @12:40PM (#43805112)
> We only really have the father's and judge's account of events here

Given that, then this whole thread is pointless. I just assumed people were more informed based on what they’re claiming.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by gpm on Saturday April 26, 2025 @12:46PM (#43805148)
The fact that there's a lawsuit here with briefs describing what happened in detail, and rulings from a judge with detailed timelines, means we have a great deal more accurate information than most news stories provide. If you're not willing to make a judgement off of this information, when it is so unambiguous, you're never going to be able to make a judgement in time to react to anything.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by shadowgovt on Saturday April 26, 2025 @02:05PM (#43805793)
The point of due process is to construct such a record. The fact that due process is being denied in these circumstances is one of the reasons that so much of the public discussion is rumor and innuendo.

And this is actually one of the many things that this executive doesn't seem to grasp about the fundamentals of how this England-inherited, American-modified government functions. Due process doesn't just protect the people. It protects the king from rumors abounding about his tyranny that eventually lead to his beheading, because if there is no record to show then there is no record to justify the actions of the crown either.

The Magna Carta has stood for about a thousand years. But it has stood because every monarch who tried to place themselves above it found themselves much shorter by the end of their reign.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by Terr_ on Saturday April 26, 2025 @08:20PM (#43808392)
> The point of due process is to construct such a record.

Right a lack of records is itself an indicator due-process wasn't provided.

So in this case, a common saying does not apply: Absence of evidence is evidence of absence!

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by chasd00 on Saturday April 26, 2025 @12:38PM (#43805097)
If the mother is not a us citizen is she entitled to counsel? Or entitled to anything else? Curious to know to what parts of US law apply to non citizens and what parts do not.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by Zak on Saturday April 26, 2025 @12:48PM (#43805162)
In noncriminal matters such as deportations, there's no right to counsel at public expense. The broader rights to due process of law and habeas corpus have generally been held by the courts to apply to immigration detention and deportation, and people are certainly free to hire counsel at their own expense in such proceedings.

It gets tricky when a deportation is completed before a court can hear the case. Attempting to prevent a detainee from communicating their location and situation to someone who could bring a legal action on their behalf doesn't appear to be explicitly illegal, but it's certainly an attempt to subvert due process and probably ought to be illegal.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by vlovich123 on Saturday April 26, 2025 @01:07PM (#43805303)
> In noncriminal matters

It’s interesting how the administration always talks about these people being here illegally and that they’re all criminals but then leverages the non-criminal aspect of the proceedings to their advantage.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @01:11PM (#43805351)
I agree with the substance of your point. I'd argue that it is less "interesting" and quite horrifying to be on the receiving end!
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by dharmab on Saturday April 26, 2025 @12:46PM (#43805146)
Yes, the sixth amendment is very clear on this.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by wslh on Saturday April 26, 2025 @11:39AM (#43804539)
Easy to explain, traumatic to experiment.
[dead]
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by exe34 on Saturday April 26, 2025 @11:55AM (#43804683)
Is it really "deported" without a court ruling? I thought it was human trafficking?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @01:45PM (#43805625)
That must be the common way to use these terms, that's how I understand it too.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by selimthegrim on Saturday April 26, 2025 @01:48PM (#43805643)
Rendered
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by ashoeafoot on Saturday April 26, 2025 @11:32AM (#43804494)
Wear a airtag at all time?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by NewJazz on Saturday April 26, 2025 @01:08PM (#43805310)
They wouldn't let these kids have toothpaste the last time they did this.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by SauciestGNU on Saturday April 26, 2025 @01:22PM (#43805447)
Subdermal tracking implants then? Although I wouldn't put it past these drooling sadists to start cutting things out of their prisoners.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by lynndotpy on Saturday April 26, 2025 @02:03PM (#43805773)
I can't tell if this is a serious suggestion, or if it's proposed in the same tone as "a modest proposal".

In case you are serious: This is a pretty horrifying proposal. Humans can get microchipped, but these cost money, are very painful to administer, and importantly are RFID only, i.e. not useful for finding ones own children.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by SauciestGNU on Saturday April 26, 2025 @02:15PM (#43805877)
I am a fan of Mr Swift, the suggestion was not serious, but my musings about ICE's sadism are.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @01:39PM (#43805576)
Much simpler: don't jail kids, don't jail parents in deportation proceedings.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by mystraline on Saturday April 26, 2025 @02:40PM (#43806072)
Yes, and that was with Obama and 'children in cages'.

Trump is only turning the screws that were firmly installed by all previous presidents and congresses. The only real shock to this immigration action is the blitzkrieg of immediacy, horror, and flaunting violating court orders.

Courts don't have police to enforce judgements. The executive branch does. Hard to enforce finger-wagging. (And well, hello arrested judge day yesterday)

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by andrepd on Saturday April 26, 2025 @01:28PM (#43805488)
Jesus christ hn
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by shadowgovt on Saturday April 26, 2025 @02:01PM (#43805755)
Hn, as a forum for discussion, is fundamentally not equipped to rationally discuss America going this far off the rails.

It is far better suited for less difficult topics, like yet another web framework being developed or some 2% improvements in database access efficiency. For discussing real problems that impact human beings existentially, face-to-face conversation is vastly superior.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by Terr_ on Saturday April 26, 2025 @02:20PM (#43805919)
Especially when the same politicians and agencies pushing the whole cruel scheme have a past history of permanently losing hundreds of children. [0]

"Leave your 2-year-old with the angry government man who will totes ensure they are reunited with your spouse" is not a choice that exists.

[0] https://www.hrw.org/news/2024/12/16/us-lasting-harm-family-s...

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by rsfern on Saturday April 26, 2025 @11:32AM (#43804493)
One thing I don’t understand is how this is even a choice the parents have the legal right to make, assuming their US citizen children do not have passports (I don’t know if the answer to that is publicly known). Can a child legally be taken out of the country without a passport and some kind of verifications?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by mc32 on Saturday April 26, 2025 @12:10PM (#43804857)
The same happens to US citizens who have/bear children in other countries. Moreover some will do much as assume the children do not have local citizenship but US citizenship despite being born in that non-US country.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by 47282847 on Saturday April 26, 2025 @01:38PM (#43805566)
Only few countries give birthright to children born on their territory.

https://en.wikipedia.org/wiki/Jus_soli

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by wat10000 on Saturday April 26, 2025 @01:52PM (#43805677)
If by “only a few” you mean “almost every country in the Americas, plus some more.”
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by 47282847 on Saturday April 26, 2025 @02:05PM (#43805790)
Yes. As per the article, 33 countries. Of ~195 in total.

Or, in population: 13%.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by wat10000 on Saturday April 26, 2025 @02:21PM (#43805931)
“A few” means, like, 3-5.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by mc32 on Saturday April 26, 2025 @02:08PM (#43805813)
I've known children of US citizens who were presumed Americans though having been born in a south American country. Government kicked them all out for being personae non grata Americans --children not excepted.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by wat10000 on Saturday April 26, 2025 @02:22PM (#43805937)
What’s your point? Other countries also engage in lawlessness to remove people they don’t like?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by mc32 on Saturday April 26, 2025 @03:39PM (#43806463)
Well, people are acting like it’s uniquely an American thing to do.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by wat10000 on Saturday April 26, 2025 @03:42PM (#43806484)
They are? Where?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by low_tech_love on Saturday April 26, 2025 @04:35PM (#43806958)
That’s because, for a while, the USA has been seen as the main exponent (although obviously not the only one) of western ideals such as freedom, democracy, human rights, etc. So yeah it’s logical that people would expect that the “leader of the free world” does not act like some other random country.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @01:51PM (#43805670)
One of which is the US,and would require a constitutional amendment to change.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by 47282847 on Saturday April 26, 2025 @02:07PM (#43805804)
The point was that its not wrong to assume you will not get local citizenship, since in most parts of the world you won’t.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by mc32 on Saturday April 26, 2025 @02:06PM (#43805796)
Rather a different interpretation of the XIV. It was intended for slaves and the children of slaves (there were few non-British foreigners in the US) at the time. However, over time, it was interpreted to mean anyone not only the descendants of slaves/ex-slaves). That could very well be re-interpreted.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by wat10000 on Saturday April 26, 2025 @02:24PM (#43805957)
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

This seems pretty clear to me. How else could you interpret it?

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by remarkEon on Saturday April 26, 2025 @03:47PM (#43806511)
The entire interpretation of that amendment turns on this phrase:

>and subject to the jurisdiction thereof

And if you go back and read what the drafters of that amendment stated they meant on the floor of congress, they did not intend it to mean Jus soli. The idea was so ridiculous at the time that no one thought it worth writing it down. Pity. The controlling Supreme Court case spends a lot of time talking about English Common Law and what "subject to the jurisdiction of the King" meant. It is not hard to believe, at all, that the current SCOTUS may have a different interpretation than "anyone who happens to be born across this line on the map is a US citizen and is granted all rights, responsibilities, and privileges thereof".

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by wat10000 on Saturday April 26, 2025 @03:59PM (#43806611)
Do you have more info about what they said they meant?

Certainly that clause has weight. It excludes diplomats, members of occupying armies, and members of Native tribes. But it seems strange to apply it to others, unless you’re also going to say that they have immunity from our laws as well.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by remarkEon on Saturday April 26, 2025 @04:41PM (#43807008)
It's not that they have "immunity", it's about whether the US Government has jurisdiction over them, meaning they can conscript them in time of war, collect taxes and so on, and that there isn't another foreign power that can do or already does this.

Howard, who introduced the Amendment, said this[1]:

>This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States.

>Now, all this amendment provides is, that all persons born in the United States and not subject to some foreign Power—for that, no doubt, is the meaning of the committee who have brought the matter before us—shall be considered as citizens of the United States ... If there are to be citizens of the United States entitled everywhere to the character of citizens of the United States, there should be some certain definition of what citizenship is, what has created the character of citizen as between himself and the United States, and the amendment says citizenship may depend upon birth, and I know of no better way to give rise to citizenship than the fact of birth within the territory of the United States, born of parents who at the time were subject to the authority of the United States.

Doubly funny that he added a line in that speech where he thinks all ambiguity is gone.

[1] https://en.wikipedia.org/wiki/Jacob_M._Howard#Speech_on_the_...

[2] https://archive.org/details/the-congressional-globe-39th-con...

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by wat10000 on Saturday April 26, 2025 @04:53PM (#43807121)
Thanks. Dude couldn’t even make his own statements unambiguous. And he can’t seem to make up his mind about whether the “subject to the jurisdiction” clause refers to the child or the parents.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by remarkEon on Saturday April 26, 2025 @05:17PM (#43807292)
One of the disadvantages of the overly verbose style common at the time.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by Aloisius on Saturday April 26, 2025 @04:49PM (#43807089)
Having read the Senate debate on the amendment to grant citizenship to what would become the 14th amendment, I can't disagree more.

They were absolutely aware that is what it. Indeed, they stated it outright:

> The proposition before us … relates simply in that respect to the children begotten of Chinese parents in California, and it is proposed to declare that they shall be citizens. … I am in favor of doing so. … We are entirely ready to accept the provision proposed in this constitutional amendment, that the children born here of Mongolian parents shall be declared by the Constitution of the United States to be entitled to civil rights and to equal protection before the law with others.

- Senator John Conness (R-CA), May 29, 1866 during Senate debates on citizenship amendment introduced by Senator Jacob Howard (R-MI)

The only real change came when they worried that citizenship would be extended to Indians in tribes we had treaties saying we wouldn't do just that leading to a change that excluded them.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by remarkEon on Saturday April 26, 2025 @10:51PM (#43809085)
Conness wasn't an author of the amendment, and was an immigration advocate as part of a Machiavellian strategy to lock out the Democrats in Reconstruction-era America. I agree with you, though, there certainly were other opinions on what those words meant, and the actual author doesn't do himself any favors by trying to tread right on the line to ensure the amendment passed. In any case, SCOTUS will eventually weigh in, and probably just settle the question, at least for now. It's a pity that the argument is about just the one phrase, because the arguments about the wisdom of Jus Soli policies are much more interesting.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by Aloisius on Saturday April 26, 2025 @04:23PM (#43806839)
> there were few non-British foreigners in the US

People born in the Germany made up about 3.5% of the US population (1.11 million) in 1860. While they were one of the largest groups, many states/territories had large percentages of other non-British people like California, where 9% of the population was born in China. Then you have territories like New Mexico where most of the population had been born in Mexico.

Regardless, the debates for the 14th Amendment make it absolutely clear they understood they understood a child born to, say, Chinese parents in the US would get citizenship.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by neither_color on Saturday April 26, 2025 @02:09PM (#43805823)
It's not a few. It's the majority of two continents.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by mc32 on Saturday April 26, 2025 @02:10PM (#43805838)
It's the great minority of countries in the world.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by neither_color on Saturday April 26, 2025 @02:27PM (#43805979)
Well then it's a good thing historical context matters more than numerical consensus when analyzing why the majority of two continents settled by Europeans in the last 500 years nearly all opted for one broad form of conferring citizenship over another. If you were to redact the name of all 195 countries, but list ten facts about them and draw random names, you could accurately predict which ones will have birthright citizenship just by looking at other properties.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by pessimizer on Saturday April 26, 2025 @11:40AM (#43804552)
I think the US government seizing the birthright citizen children of undocumented immigrant parents is an extreme position.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by bee_rider on Saturday April 26, 2025 @12:02PM (#43804775)
What’s the non-extreme option, if the plan is to kick out the non-citizen parents of US citizen children?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by jedberg on Saturday April 26, 2025 @12:07PM (#43804828)
The government has a duty to protect its citizens. So in this case, that would mean finding suitable childcare for the citizen child before making them an orphan.

But ideally we wouldn't be making them orphans.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by paulryanrogers on Saturday April 26, 2025 @12:07PM (#43804818)
Delay deporting the non-citizen parent at least until the citizen children have reasonable accomodations to remain in the country? "The plan" isn't sacred. Humans rights are sacred.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by s1artibartfast on Saturday April 26, 2025 @12:36PM (#43805080)
They can have the same accommodation as other US citizen children abandoned by their parents.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by LorenPechtel on Saturday April 26, 2025 @10:18PM (#43808952)
A child isn't abandoned when the parent is forcefully taken from them.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by s1artibartfast on Saturday April 26, 2025 @11:22PM (#43809205)
The parent has the choice to take the child.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by oblio on Saturday April 26, 2025 @12:18PM (#43804933)
End jus solis. Allow all current parents to stay.

There ya go, the humane solution to this.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by hsuduebc2 on Saturday April 26, 2025 @01:17PM (#43805407)
Can someone who down voted this comment please explain why? Is this because you do not agree with his general stance or because it simplifies and doesn't contribute to the debate?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by wat10000 on Saturday April 26, 2025 @02:05PM (#43805785)
I would not consider a radical change to how US citizenship has worked for at least a century and a half to be “non-extreme.”
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @01:56PM (#43805707)
Not sure who downvoted, but simply ending jus solis because authoritarians want to make people's lives miserable is an extreme position with an awful BATNA.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by BobaFloutist on Saturday April 26, 2025 @06:40PM (#43807861)
I think birthright citizenship is one of the few examples of America doing something strictly better than most other countries.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by oblio on Tuesday April 29, 2025 @04:58PM (#43837977)
Why? Why should someone be a citizen because they were born in a specific country? With jus sanguinis things are much clearer: one of your parents is a citizen, you're a citizen. Your kids are citizens. In perpetuity.

Jus solis is a bit like right of way at American intersections: the person that's been there the longest goes first. Whaaaaaa? What if two cars arrive at the same time? What if 4 arrive at roughly at the same time? What is people can't agree who arrived first? A lot of the rest of the world gives way to the car coming from the right. Which is obvious and basically non-negotiable.

Similar idea here.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by bee_rider on Saturday April 26, 2025 @06:42PM (#43807884)
“End Jus Soli” would require a constitutional amendment and would be universally opposed by at least one party. So, it is bringing the conversation in the direction of ridiculous out-there topics.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by LorenPechtel on Saturday April 26, 2025 @10:24PM (#43808972)
And it can cause headaches with people being stateless because neither the country of their parents nor the country of their birth recognizes them. And that's something that's normally prohibited by treaty: you can't take an action that will render someone stateless.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by bee_rider on Sunday April 27, 2025 @01:04AM (#43809545)
Is that really so? It seems odd because not every country has soil-based birthright citizenship. So, there must be some combinations that will result in a stateless person (although I would expect that this is an exceptional case that is just handled as an exception).
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by LorenPechtel on Sunday April 27, 2025 @03:24PM (#43814418)
And it causes problems.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by oblio on Sunday April 27, 2025 @05:22PM (#43815249)
Where? I haven't really heard of many cases like this. Usually the most abuse that happens is someone "forgetting" their citizenship and trying to gain asylum, because they know they can't get citizenship otherwise, anyway.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by immibis on Sunday April 27, 2025 @10:43AM (#43812307)
Because it recommends the government should just ignore the constitution.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by oblio on Sunday April 27, 2025 @05:19PM (#43815224)
No, I'm saying that the US government should be able to change the constitution, if its citizens want it. Apparently about 50% of the US population is rabidly anti-immigration.

All this status quo is doing is creating all sort of gray area cruelty. Just be open about it, become anti-immigration, but make it fair. The US is basically the only developed Western country that I know of where you don't even have fixed time frame to become a citizen. In the EU + CANZUK if you live lawfully in a country you become a citizen in N years. The N is well known ahead of time.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by bee_rider on Saturday April 26, 2025 @06:40PM (#43807866)
Birthright citizenship is explicitly included in the 14’th amendment of the US constitution. Technically the constitution could be amended again. But if we include wildly controversial constitutional amendments that one of our parties would be completely opposed in the list of possibilities, the conversation will quickly get silly.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by throwaway48476 on Saturday April 26, 2025 @06:49PM (#43807933)
Foreign citizenship is being subject to a foreign power.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by bee_rider on Saturday April 26, 2025 @06:59PM (#43808009)
I don’t see any connection here.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by throwaway48476 on Saturday April 26, 2025 @07:06PM (#43808062)
Birthright citizenship doesn't apply to children born to parents subject to a foreign power. That's what the text of the ammendment says.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by bee_rider on Saturday April 26, 2025 @09:26PM (#43808726)
That isn’t what it says.

> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

All people in the US are subject to the jurisdiction of the US (other than some very unusual situation like diplomats and, in the past, some Native American tribes).

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by LorenPechtel on Saturday April 26, 2025 @10:21PM (#43808964)
No. What the law says is that birthright citizenship does not apply to those *not* subject to US law. Foreign diplomats with diplomatic immunity. It's not the foreign power that matters, it's the lack of the US power.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by oblio on Sunday April 27, 2025 @05:21PM (#43815239)
> But if we include wildly controversial constitutional amendments that one of our parties would be completely opposed in the list of possibilities, the conversation will quickly get silly.

You're this <> close from becoming a dictatorship, things could become very silly regardless.

If anything, I'd say Trump is just a silly Sulla. Sulla was somewhat benevolent, he retired. But he paved the way for Caesar and Augustus (people who really meant business, especially Augustus).

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by bee_rider on Sunday April 27, 2025 @07:10PM (#43815904)
I mean, I’m worried about the trajectory of the country generally. But, we need to be able to talk about the actual laws and process (this assumes we still have laws and processes).

If the country turns into a dictatorship, then it is just rule by dictatorial fiat. But in that case this whole conversation is sort of pointless because we wouldn’t have democracy and our opinions about how things should be run wouldn’t matter anymore.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by rsfern on Saturday April 26, 2025 @11:53AM (#43804666)
That’s a strawman argument that I would never advocate, and completely ignores my question.

Alternatives include arranging legal custody for the child and to stay in the US with a relative (as one family was attempting), or finding a legal way for them to leave the country with their parents.

Instead, it seems the government is rushing to illegally remove these children before the courts can intervene

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by exe34 on Saturday April 26, 2025 @11:56AM (#43804695)
> it seems the government is rushing to illegally

That's the last 4 months really.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by AustinDev on Saturday April 26, 2025 @01:09PM (#43805324)
What happens is a single parent is sent to prison? The state takes care of the children.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by 1659447091 on Saturday April 26, 2025 @02:58PM (#43806199)
They look for other relatives to take the children first.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by codr7 on Saturday April 26, 2025 @01:41PM (#43805591)
Takes care, interesting choice of words there.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by LorenPechtel on Saturday April 26, 2025 @10:17PM (#43808947)
I don't think the lack of documentation is a barrier to deportation. All that matters is that the country they are being deported to agrees to take them. But this has been rather routinely violated by ICE in the past--they are a totally criminal organization. (They would deport people by shoving them into Mexico--never mind if they are actually Mexican or not.)
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by gpm on Saturday April 26, 2025 @11:07AM (#43804274)
In at least one of the cases here:

The father explicitly did not want the child deported with the mother, had informed ICE of that, and initiated legal proceedings to that effect [1].

The mother and US citizen child were held largely incommunicado. They were not given access to a lawyer, and communication with the father was monitored, and upon the father attempting to give them the phone number for an attorney the phone was taken from the mother. Then promptly put on a flight out of the country

When a judge attempted to contact the mother, while the mother and child were still in US custody: The US did not respond for an hour presumably so that it could remove the mother and child from US custody prior to responding.

> The Government contends that this is all okay because the mother wishes that the child be deported with her. But the Court doesn’t know that. [2]

And that's a quote from the Trump appointed very Trump leaning [3] judge.

All actual evidence we have here is that the child was intentionally deported (expelled?) against the parents wishes. Certainly against one of the parents wishes.

[1] https://storage.courtlistener.com/recap/gov.uscourts.lawd.21...

[2] https://storage.courtlistener.com/recap/gov.uscourts.lawd.21...

[3] See prior rulings: https://en.wikipedia.org/wiki/Terry_A._Doughty#Notable_rulin...

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by chasd00 on Saturday April 26, 2025 @11:47AM (#43804606)
A mother’s wish, written/formal or not, for her child will always override that of a father. Fair or not, that’s what happens in the US courts.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by gpm on Saturday April 26, 2025 @11:52AM (#43804656)
Actually what happened in the US court here is the US court attempted to interceded while the mother and child were still in US custody and ICE ignored the court until they had successfully removed the mother and child from US custody. As a result the court never got to learn the mothers wishes at all.

(Also not true, but that's besides the point)

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by lokar on Saturday April 26, 2025 @12:10PM (#43804855)
She was initially unaware the child could remain. When she found out she wanted the child to stay.

Or at least that is what some reports say. It’s confusing. Fortunately we have a system to due process to figure these issues out.

Unfortunately the current regime has decided that all due process is subject to their discretion.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by ffsm8 on Saturday April 26, 2025 @11:52AM (#43804657)
While true, kinda irrelevant?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by BobaFloutist on Saturday April 26, 2025 @06:38PM (#43807848)
> Fair or not, that’s what happens in the US courts.

That's also not actually true. Mothers tend to get custody because both parties are more likely to agree to give them custody (or the father is more likely to cede custody).

If it comes to an actual legal battle, fathers are actually more likely to win custody than mothers.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by wat10000 on Saturday April 26, 2025 @01:51PM (#43805665)
Note that it's advised for a single parent traveling internationally with their children to carry an letter from the other parent granting permission, because it may otherwise be interpreted as an attempt at international kidnapping and you may be prevented from traveling. The US government itself says this: https://www.usa.gov/travel-documents-children

Yet here they are deliberately moving a child internationally against the express wishes of at least one of the parents.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by LorenPechtel on Saturday April 26, 2025 @10:12PM (#43808930)
Good point. Certainly looks like kidnapping to me.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by nessbot on Saturday April 26, 2025 @10:20AM (#43803858)
You got a source for that? I've hear otherwise about some of the parent's decisions for their US citizen children.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by evv555 on Saturday April 26, 2025 @11:14AM (#43804321)
You got a source for that?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by rsfern on Saturday April 26, 2025 @11:23AM (#43804413)
The habeas petition for VMS (the two year old) indicates the father (who was not detained at the time of the filing) transferred provisional custody rights to a US citizen relative, and that communications with the mother (who was removed along with their US citizen child) were cut off when he tried to share their lawyers contact info

PDF: https://storage.courtlistener.com/recap/gov.uscourts.lawd.21...

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by lostdog on Saturday April 26, 2025 @02:52PM (#43806162)
ICE is supposed to keep records, and the courts are supposed to create a transparent record in the case of a dispute.

But ICE hid the evidence and prevented the courts from looking into it.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by s1artibartfast on Saturday April 26, 2025 @11:59AM (#43804729)
Should it be removed for the USC children? Can they return freely without visa?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by miltonlost on Saturday April 26, 2025 @10:28AM (#43803939)
Oh wow, what a choice! Imagine, having a gun to your head and saying "but i had a choice!" In no way can you say that these people, given no legal advocates, chose to bring their children, or at least freely chose.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by koolba on Saturday April 26, 2025 @11:17AM (#43804354)
Being eventually forced to decide whether to leave your child behind or take them with you out of the USA is a direct consequence of the choice to illegally enter the country.

Are you suggesting we never deport parents under any circumstance? Having a citizen child is not some get-out-deportation-free card.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by paulryanrogers on Saturday April 26, 2025 @12:11PM (#43804862)
No one is saying parents cannot be deported. Rather that ICE clearly engineered the circumstances to ensure the child and mother were deported without any practical opportunity for the child to stay.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by oblio on Saturday April 26, 2025 @12:16PM (#43804905)
Americans are extremely cruel.

The real solution to this is to end jus solis.

Separating children from parents is incredibly cruel, inhumane, even.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @01:13PM (#43805377)
> The real solution to this is to end jus solis.

No, that's a step down a terrible return to pre-Civil War policy. We should be actively fighting against enslavement and for due process, not throwing our hands up and saying "well, guess we can't [bring them back from El Salvador, have a sane policy with respect to families, have people's rights to citizenship and legal residence respected]".

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by oblio on Sunday April 27, 2025 @05:17PM (#43815211)
Well, I wish you luck with that, you're currently losing.

I have nothing to gain from the US devolving from a democracy, but you're headed that way.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by lokar on Saturday April 26, 2025 @12:11PM (#43804865)
Entering the US without permission is a civil offense, not a crime in the way most people think of them.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by didgeoridoo on Saturday April 26, 2025 @12:59PM (#43805250)
You’re thinking of visa overstay (a civil offense). Unauthorized entry is a criminal misdemeanor. Re-entry after deportation rises to a felony.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by lokar on Saturday April 26, 2025 @09:17PM (#43808670)
Ah, yes. But a misdemeanor is fairly minor, all things considered.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by kjksf on Saturday April 26, 2025 @01:11PM (#43805344)
Is it, though?

> Entering the United States illegally is not classified as a civil offense; it is a criminal offense. Under U.S. law, specifically under Title 8 of the U.S. Code, unauthorized entry into the country is considered a misdemeanor. The specific statute is 8 U.S.C. § 1325

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by exe34 on Saturday April 26, 2025 @11:58AM (#43804719)
Did a judge rule on this alleged "illegally"? Elon Musk also entered the country illegally to work by pretending to be a student, and somehow he got given the keys to the treasury.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by datameta on Saturday April 26, 2025 @12:26PM (#43804991)
This is like claiming that getting conscripted into the Russian Federation Armed Forces is a direct consequence of entering illegally

So is their life forfeit now, and the respective goverment absolved of responsibility?

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by remarkEon on Saturday April 26, 2025 @03:50PM (#43806533)
Conscription was, and probably still is in places around the world, a consequence of illegal entry or for a number of different offenses. It isn't here in the United States so I'm not sure what your point is.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @01:57PM (#43805718)
Such a society that chooses that has no respect for the rights of an individual.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by BobaFloutist on Saturday April 26, 2025 @06:42PM (#43807881)
Actually yeah, I think having a minor citizen child should probably automatically make you a citizen, or at the very least a legal permanent resident (but that's stupid, let's just stick to citizen).
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @11:04AM (#43804242)
This is not accurate, though I have found that people who steep in rightwing propaganda tend to repeat these type of talking points.

The Rawlsian veil ethic applies here.

EDIT: RE - the knee-jerk downvotes. I appreciate that people pointing out authoritarianism can be painful if you are embracing it. Cognitive dissonance is never a fun thing to work through, and having done it a few times I sympathize with the struggles you face or may be facing.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by mariodiana on Saturday April 26, 2025 @03:38PM (#43806459)
I'm not going to downvote you. But Rawls never applies. Rawls is a big scam. At root, it is relativism wrapped up in the august raiment of state-of-nature social contract theory, whatever his protests to the contrary; and the relativism in this case is what "feels right" to him and his fancy neighbors living in Cambridge.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @04:57PM (#43807153)
Rawls is just an extension of the golden rule, and anyone who is against treating others how they themselves would wish to be treated is probably someone who shouldn't have authority over others.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by ajross on Saturday April 26, 2025 @10:44AM (#43804097)
> From what research I've seen, the phrasing here should be that non-citizens were deported and chose to bring their US citizen children with them. The children themselves were not deported.

That seems deliberately Orwellian. What's the "not deported" scenario you're imagining? Literally abandoning your child in a jail somewhere?!

It's not like these folks are in hotels, or have access to phones or family.

I mean, yikes. Is that really what we've come to in the discourse on this site? Putting scare quotes around "deported" to pretend that it's only "other issues" that are problems?

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by eastbound on Saturday April 26, 2025 @12:13PM (#43804892)
The US has decided they do not want the mother in US, because she’s not citizen. I don’t understand why it’s Orwellian, it was written all over when she illegally entered the US. And she was given the choice to get separated or keep the child.

The only Orwellian thing is she was lied to by Democrats that she could lead a safe life in the US. That’s on you.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by ajross on Saturday April 26, 2025 @12:45PM (#43805139)
> And she was given the choice to get separated or keep the child.

Representing that as a "choice" is precisely the Orwellian part. I'm guessing you don't have kids.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by eastbound on Saturday April 26, 2025 @01:07PM (#43805302)
You’re taking the rest of the world hostage with the child.

The crime was that she was allowed here in the first place, whether by the people who made her believe it was possible, or by her breaking the laws as the act of entry in the country.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by sixothree on Saturday April 26, 2025 @01:46PM (#43805629)
It is hard to distinguish a lack of empathy from pure evil.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @02:02PM (#43805768)
The Lumineers nailed it. The opposite of love isn't hate, it is indifference.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by chasd00 on Saturday April 26, 2025 @12:49PM (#43805168)
> The only Orwellian thing is she was lied to by Democrats that she could lead a safe life in the US. That’s on you.

This cannot be overstated. I wish I had a thousand up votes to give you. Democrats made a promise they knew would never hold up just for the votes. Now the chickens are coming home to roost and these people who were lied to by Democrats are the ones paying the price.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by jmull on Saturday April 26, 2025 @01:20PM (#43805433)
What’s the logical train of thought here?

It’s OK for a citizen to lose their rights if a political party exists that espouses views you don’t agree with and it’s possible someone related to that citizen may (or may not) have listened to those views?

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by ajross on Saturday April 26, 2025 @01:53PM (#43805689)
I think the steelman version would be that the rights in question shouldn't exist. In that world view, the birthright citizenship granted by the 14th amendment is an inconvenience to be worked around; and the business here about forcing a "choice"[1] where the parents will "deport" their own citizen children is in fact the desired policy result and not a humanitarian horror.

[1] Which of course isn't one, thus the Orwellian point upthread.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @02:05PM (#43805786)
Yeesh. Even the steelman is grossly immoral!
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by const_cast on Saturday April 26, 2025 @03:18PM (#43806322)
The tired trope of blaming all bad Republican actions on Democrats because they "let it happen" is lame.

No, the democrats are not secretly worse because they're watching evil happen. The people doing the evil are worse, actually. That's just how that works.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by low_tech_love on Saturday April 26, 2025 @04:41PM (#43807016)
What promise was that, exactly? Do you have a quote?

If not, and you mean “promise by inaction”, then could we say then that Trump made a promise to racists, neo-nazis, crypto criminals, the Russian government, etc?

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by low_tech_love on Saturday April 26, 2025 @04:45PM (#43807045)
Honest question, does it have to be done this way? Or could they wait maybe 2 extra hours until the child was safe? It seems to me that they are cowards who prey on those weaker than them and are too afraid to face those of their “own size”.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by ModernMech on Saturday April 26, 2025 @11:22AM (#43804403)
Not ironically, yes, that's where we are. I remember when we would say such things about a school of children being gunned down. "Really?? That's where we are now as a society? How did we let this happen?"

We let it happen by not saying "enough" when the last thing happened. If a school of kids gets gunned down and a society lets that slide, that society becomes one more tolerant of violence against children. We said we were powerless to stop that, so here we are now, bringing violence against children as a matter of federal policy.

[dead]
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by pavlov on Saturday April 26, 2025 @10:49AM (#43804138)
Next year it's going to be:

"Two Undocumented Families and Their U.S.-Born Accomplices Deported by ICE"

And the following year, you won't need to include the undocumented families anymore. (And they won't be telling anyone about the citizens who were disappeared, so this headline won't get printed anyway and its formulation doesn't matter.)

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @11:05AM (#43804257)
So the US born children get to come back of their own accord, right? We're going to afford them the rights that every citizen of and person in this country has, like due process, right? We haven't forgotten the promise of the US to the world, to respect rights even when doing things people don't like, right?

Because if we have, that's an unmitigated bad.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by miltonlost on Saturday April 26, 2025 @10:40AM (#43804050)
This is less accurate. It erases the US citizenship of the children by being born here with the 14th Amendment, and subtly implies that they AREN'T citizens and are just "U.S.-Born" as if the 14th Amendment didn't apply (like Trump wants).
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by sfasdfasd on Saturday April 26, 2025 @10:50AM (#43804149)
"U.S Born" == "U.S Citizenship" would be the default assumption of any rational, thinking person.

You can add more words to say the same thing but it only ends up being annoying.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by fnordpiglet on Saturday April 26, 2025 @11:08AM (#43804276)
This has literally been declared not the case by the president, and being contested in court, and held as true by a significant percentage of the population. It’s not semantics - it’s become a point of national disagreement.

It also leaves out all mention of process. The issue here isn’t that the parents are choosing to bring their citizen children with them but that they’re being denied all ability to leave their citizen children with their citizen parent. This is the crux of the actual issue here.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by koolba on Saturday April 26, 2025 @11:21AM (#43804383)
It’s not the case already for foreign diplomats on US soil. If the Russian ambassador’s wife gives birth at a US hospital while visiting the embassy, the child does not get citizenship.

Mark my words, Trump is going to win that court case. It’s not far fetched at all to interpret “* and subject to the jurisdiction thereof*” to mean people that have legally entered the country.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by fnordpiglet on Saturday April 26, 2025 @12:13PM (#43804880)
All people in the United States other than consular and other rare carve outs are subject to the jurisdiction of the United States government. Otherwise the government would have no ability to enforce its law on them. I think while you may be right due to political aspects of the Supreme Courts loyalties, it’s hard to find a reading where “jurisdiction” means “parents are citizens a-priori.” There’s no discussion of the parents, just that they’re subject to the laws of the United States, and citizenship and jurisdiction of the United States are concepts that have no intersection.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by UncleMeat on Saturday April 26, 2025 @02:06PM (#43805800)
Notably, Trump's order also applies to people who entered the country legally. Why'd they include that if they think that only people who entered illegally are not "subject to the jurisdiction thereof?"

And it sure seems like the opinion of legal professionals is that it is far fetched.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by kleton on Saturday April 26, 2025 @11:04AM (#43804234)
Less than half the population of the world live in birthright citizenship countries. Such countries as all of Eurasia except Pakistan, and all but a handful of African countries. Do those countries not have rational thinking people?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by SauciestGNU on Saturday April 26, 2025 @01:21PM (#43805438)
You're missing the point here. In the United States, the context of this discussion, birthright citizenship has been the law of the land for generations. It would be abnormal for someone in this context to think someone born in the US isn't a citizen. The right wing wants this to change, but it has not as of yet.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by ModernMech on Saturday April 26, 2025 @11:30AM (#43804470)
It's not a matter of rationality and logic. The executive believes the 14th amendment only applies to former slaves. They don't believe it's operable in the 21st century and they don't believe it applies to foreign nationals. They call such children "anchor babies". Courts don't agree with that, but the executive also believes courts don't have the right to limit the executive when it comes to matters of immigration.

I can understand why this level of pedantry is annoying but we are not dealing with good faith arguments here. They are power plays.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by nullstyle on Saturday April 26, 2025 @10:55AM (#43804189)
> "U.S Born" == "U.S Citizenship" would be the default assumption of any rational, thinking person

Not in trump’s america, not if they have their way, and this nonsense wordplay is part of it. Look at the statements around a third term; those arent jokes

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by abduhl on Saturday April 26, 2025 @11:05AM (#43804251)
"U.S. Born" and "U.S. Citizen" are the same number of words though, so it just seems like you're deliberately obfuscating. Maybe a better headline would be "Two Undocumented Families and Their American Children Deported by ICE." That way we'd save a word and make it unambiguous: these children are Americans.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tailefer on Saturday April 26, 2025 @12:21PM (#43804953)
And I suppose Sophie had a choice too.

The actions by ICE in this and other cases are beyond defensible. If they have a case, let it be heard in open court with adequate counsel. Stop playing the silly reindeer games with people's lives.

That would be one way to make America great again.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by jmull on Saturday April 26, 2025 @01:08PM (#43805313)
You are detained and a guard brandishing a machete presents you with a choice: he’ll either cut off your right hand, or cut off your left.

Being right handed, you choose your left, and he lops it off.

Was it really your choice to have your left hand cut off?

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @01:47PM (#43805635)
Aye. BATNA (best alternative to negotiated agreement) is a framework to evaluate this with.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by gradus_ad on Saturday April 26, 2025 @01:32PM (#43805513)
Illegal aliens must be deported to maintain rule of law. Their anchor babies will not and should not save them.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @02:07PM (#43805805)
The rule of law requires due process and following court orders.

Declaring a fake 'invasion' and implementing authoritarianism under the guise of emergency powers was already done in Rome, and decidedly is not the rule of law.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by lostdog on Saturday April 26, 2025 @03:06PM (#43806248)
February 29th, 2027, the so called "Hacker News" is declared a criminal and illegal site. The wartime powers delegated to the Supreme President allow him to imprison domestic enemies and remove them. Gradus_ad is right in the middle of explaining the difference between "begging" and "panhandling" to the hobo he is harrassing, when disguised agents grab him off the street for commenting on a criminal site. He is whisked off to a correction facility in Hungary (it is now illegal for this publication to call them "gulags") and never heard from again. Luckily the agents who disappeared him say everything was handled legally!
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by wat10000 on Saturday April 26, 2025 @02:09PM (#43805818)
We don’t consistently enforce speed limits but the rule of law held up fine. Why does this have to be enforced absolutely?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by darksaints on Saturday April 26, 2025 @02:26PM (#43805970)
I sincerely hope people like you get sent to a Salvadoran torture gulag the next time you drive over the speed limit. Because we absolutely understand no circumstances can afford a breakdown in the rule of law.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by Der_Einzige on Saturday April 26, 2025 @04:21PM (#43806813)
I’m so tired of how when fascists operate in the open, the attempt to throw back their rhetoric to them is always perceived as “weak”, “beta”, and incompetent from the public at large. Feels like some SCP object of right wing reaction exists in this country.

There’s never any kind of “extreme” movement designed to stamp this shit out in the USA. It ends up being kids wearing red who have never done pushups or other hard exercise before, mixed with a healthy dose of spooks making absolutely sure that these organizations never gain any real power.

A whole lot of authoritarian bootlickers in this thread who are ready to sell out their countrymen to CECOT themselves deserve to spend some time in a torture prison like that - because there is nothing else in this world that will convince them of the utter inhumanity of such a place.

But you know, “so much for the tolerant left” and all that. Fuck this stupid, tyrannical, authoritarian, reality.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by JumpCrisscross on Saturday April 26, 2025 @05:08PM (#43807231)
> the attempt to throw back their rhetoric to them is always perceived as “weak”, “beta”

You're literally calling "the left...beta" in this thread [1]!

[1] https://news.ycombinator.com/threads?id=Der_Einzige

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by LorenPechtel on Saturday April 26, 2025 @10:28PM (#43808985)
Think you could clarify? I can't figure out which side you're objecting to.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by freen on Saturday April 26, 2025 @02:04PM (#43805779)
I seriously doubt you are of sufficient “in group” status to avoid the gulag.

I hope that it is never decided that you are a terrorist/enemy combatant/whatever and shipped off without due process to an American concentration camp. (Auschvits wasn’t in Germany either).

Oh, you are a citizen? “Home Grown” so to speak? Trump explicitly said that he needs five more concentration camps in El Salvador just for people like you.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by ridgeguy on Saturday April 26, 2025 @01:48PM (#43805639)
There are more egregious cases, of course.

https://www.nytimes.com/2025/04/25/us/politics/us-citizen-de...

A post elsewhere about the details said ICE found the two-year old was unable to 'describe her status in full, intelligible sentences', so deported, even though her father (not deported and not consenting to his child's expulsion) wanted her left with him.

From my experience with two-tear olds, I guess ICE was technically correct.

edit - typo

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by BriggyDwiggs42 on Saturday April 26, 2025 @07:44PM (#43808264)
I think that’s the same case. Was that intentional?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by JumpCrisscross on Saturday April 26, 2025 @04:21PM (#43806815)
> phrasing here should be that non-citizens were deported and chose to bring their US citizen children with them. The children themselves were not deported

This is what ICE alleges. They're a uniquely uncredible witness among government agencies [1][2].

A judge found the father's allegations worthy of meriting "strong suspicion that the Government just deported a U.S. citizen with no meaningful process," an act which is itself illegal [3]. That is far more credible.

[1] https://www.aclu.org/court-cases?issue=ice-and-border-patrol...

[2] https://apnews.com/article/ice-immigration-arrest-trial-cont...

[3] https://storage.courtlistener.com/recap/gov.uscourts.lawd.21...