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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.