Monday, April 6, 2026

José Angel Gutiérrez ● Will Birthright to Citizenship be Struck? ● Our Voices/Nuestras Voces

Will Birthright to Citizenship be Struck?

José Angel Gutiérrez

joseangelgutierrezbooks.com

voiceofthemainland.blogspot.com/voces-index

Last week the US Supreme Court (SCOTUS) heard oral arguments over the clause on birthright citizenship in the 14th Amendment of the US Constitution last week. President Trump was in the audience just to let the justices know he was watching them. The case, Trump. et.al. vs. Barbara, et. al. (no. 25-2861) was brought shortly after Donald Trump as President signed one of many Executive Orders (EO) his first day of his 2nd term. EO 14160 titled Protecting the Meaning and Value of American Citizenship ordered the end to birth right citizenship guaranteed by the 14th Amendment to the US Constitution. Specifically, he targeted those born in the US to immigrant, non-US citizen mothers to be denied citizenship. US Senator Ted Cruz, among others, filed an Amicus Curiae brief in support of the president’s instruction of re-interpreting the clause. Another prominent figure who is part of the Trump et. al. petitioners is Mehmet Oz, head of the US government’s Medicare, Medicaid, etc. programs. Interestingly, both Cruz and Oz are just that, children born to non-citizen mothers. Cruz was actually born in Canada in 1970. Oz is worse, he served in the military of Turkey and has dual citizenship because of that. Marco Rubio, former US Senator and now Secretary of State was born in Miami, Florida in 1971 but both his parents did not naturalize until 1975. Theoretically, none of these three should be allowed to keep their US citizenship under Trump’s EO.

This birthright citizenship clause reads like this: “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.” Section 3 of this 14th Amendment also states that those who engage in insurrection or rebellion can be stripped of US citizenship but Congress can prevent that action and or re-instate that individual(s) by 2/3rs vote each chamber. Yet, on his first day in office during the 2nd term, Trump pardoned all the January 6th insurrectionists. All 1,600 of them of which 600 had pled guilty to assault and obstructing law enforcement and another 170 had pled guilty to having and using deadly weapons during the assault on the Capitol.

Closer to home, let’s look at the wives and children of Donald Trump. Two of his three wives have been immigrants, including the current one, Melania Knauss from Slovenia. Melania became a US citizen on July 28, 2006. A previous wife was Ivanka Zelnickova from Czechoslovakia. She became a citizen in 1988. Both of these wives had children with Trump.

Ivanka has three: Donald Jr. born in 1977, Ivanka in 1981, and Eric in 1984; all well before she was a US citizen. Melania married Trump in 2005 but she did not become a US citizen until July 28, 2006. Baby boy, Barron, is now about 6’7” or 9” tall and was born three months too soon for US citizenship given Trump’ s EO. Barron was born on May 20, 2006.

Does anyone reading this think Trump is going to allow anyone to strip Cruz, Oz, and Rubio of US citizenship? Does anyone think Trump is going to allow anyone to strip his children, Jr., Ivanka, Eric and Barron of US citizenship? I don’t. Trump is an oversized, blatant hypocrite and a crooked and perverse politician; plus a convicted felon himself. And, now doing with his war against Iran and continued destruction of Gaza in Palestine with Bibi Netanyahu also an international war criminal.

Maybe, SCOTUS will rule against him and void EO 14160. Then, all those born in the US to non-US citizen mothers will remain protected under the birthright citizenship clause of the 14th Amendment.

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