Thursday, November 1, 2018

Trump plays up the "Caravan" risk before the election; Wall Street Journal and Washington Post leave open the possibility Congress could re-interpret the "jurisdiction" clause of the 14th Amendment



First, Johnny Harris explains how the US, under Obama, started outsourcing Central American migrant problem to Mexico back in 2014.

  
Trump is planning an Executive Order precluding claiming asylum for anyone who enters the country illegally -- but I didn't think he could do that!! 
   
Yup, Trump is making hyperbolic threats about the caravans five days before the election to elicit fear, as shown by this shocking video that Trump tweeted and the CNN crucified. 
  
 Matthew Spalding has argued in the Wall Street Journal, that the “subject to the jurisdiction thereof” clause in the Fourteenth Amendment does not automatically apply to children of illegal aliens and that U.S. v Wong Kim Ark applied only when the parents are legal residents. 
  
But Josh Blackman in another piece in the WSJ argues that the clause refers to anyone here subject to US laws. 

But Peter H. Schuck and Rogers M. Smith, drawing on an example of Native American reservations, argue, even in the liberal Washington Post, that Trump might be right in that Congress could future refine the “jurisdiction” clause, and therefore limit birthright for children of unlawful residents – and that liberals in Congress should make up their minds on how to deal with this problem.  I can imagine Sarah Huckabee Sanders with an echo. 

But The Atlantic takes up the jurisdiction issue in an article by Garrett Epps from the University of Baltimore with some common sense. So that brings the jurisdiction question back to something similar to diplomat law, maybe.

CBS reports that the births to undocumented parents have fallen to their lowest level since 2000.

Update:

Tim Pool has a breaking news post about more details regarding the third caravan, maybe significant.



1 comment:

Bill Boushka said...

A friend on FB sent me this comment: "Creating a second class of people is just plain wrong. Trump and his pea brain staff are sure percolating a lot of 18th century shopworn concepts. Pew estimates 250,000 a year a born here to noncitizen parents, and that number has been decreasing due to tighter immigration policies. In the grand scheme of things, this is not a problem compared to The Grid. I do believe Trump' seizing this topic is both white supremacist racially charged as well as meant to feed the base red meat at election time."