Babies born after Feb 19 Status

[Joker_007]

21 hours ago, Ravi860 said:

EO is blocked now.. what will happen after Feb 19 if EO stays blocked till Supreme Court delivers verdict. What will be the status for new born babies in between those dates?

I think the court may say that it is upto the states to implement the rule... 

[CanadianMalodu]

21 hours ago, futureofandhra said:

They can't revoke citizenship by birth 

Apply ee kadhu ante, revoke cheyyda menti?

[JohnyGalt]

28 minutes ago, Joker_007 said:

I think the court may say that it is upto the states to implement the rule... 

citizenship is a federal matter  anna 

[Joker_007]

41 minutes ago, JohnyGalt said:

citizenship is a federal matter  anna 

yes..SC matter twist cheyyochu... 

[kakatiya]

22 hours ago, ErraBook_monagadu said:

Option1: They can continue issuing passports but if Supreme Court rules next year in favor, they can revoke passports issued after feb19 unless parents GC/usc is confirmed.

Option2: They may not listen to courts, just require parents to submit GC/usc docs along with passport application for babies born after feb19. There is nothing courts can do if pres ignores them.

 

Option3: there is no injunction and EO is allowed after feb19.

 

Revoking a passport retrospectively means another law suit.

[ErraBook_monagadu]

2 minutes ago, kakatiya said:

Revoking a passport retrospectively means another law suit.

Pranam poyina fight chesi ikkade vuntam kani india return vellam antav🤣

[kakatiya]

5 minutes ago, ErraBook_monagadu said:

Pranam poyina fight chesi ikkade vuntam kani india return vellam antav🤣

I cannot go to india. I dont have indan oci. I need indian visa . India revoked my ten year multiple entry tourist visa during covid. 

 

[CanadianMalodu]

6 hours ago, kakatiya said:

Revoking a passport retrospectively means another law suit.

Retrospective kadhu "retroactive". But that will be based on how SCOTUS interprets 14 th amendment and "jurisdiction of " clause and how Congress will enact a new legislation. If EO were to be upheld the dates in EO will also be upheld. 

SCOTUS  also stated " Ex post facto" is applicable only for Criminal Laws (Calder vs Bull). This is a question of Constitutional law. There is no precedent in the US thus far. But, Supreme Court of Dominican Republic stripped Haitians of their citizenship by applying their ruling retroactively all the way till 1992. That's "comparative jurisprudence".

 

[JohnyGalt]

2 hours ago, CanadianMalodu said:

Retrospective kadhu "retroactive". But that will be based on how SCOTUS interprets 14 th amendment and "jurisdiction of " clause and how Congress and Senate will enact a new legislation. If EO were to be upheld the dates in EO will also be upheld. There is no partial interpretation.

SCOTUS  also stated " Ex post facto" is applicable only for Criminal Laws (Calder vs Bull). This is a question of Constitutional law. There is no precedent in the US thus far. But, Supreme Court of Dominican Republic stripped Haitians of their citizenship by applying their ruling retroactively all the way till 1992. That's "comparative jurisprudence".

 

Retroactive interpretation may be an impossibility. That may have to go back a couple of decades and half the population may become non-citizens.

[CanadianMalodu]

3 hours ago, JohnyGalt said:

Retroactive interpretation may be an impossibility. That may have to go back a couple of decades and half the population may become non-citizens.

Interpretation won't be retroactive. Retroactive application needs legislation. If originalist interpretation were to be upheld by SCOTUS then it will open possibilities for such a scenario.

Retroactive application is up to Congress. It can enact a law to that effect, and such a law would define the period and extent of applicability. The chances are slim, but given John Eastwood (brain behind Trump's EO), it will be an interesting watch. You can read his works. 

If you're talking about babies born after Feb 19, if SCOTUS were to uphold the EO then those that were born after that will most likely have their citizenship rescinded. It's not retroactive then, as the EO has specified the date.

Also, this notion that a huge population become non citizens isn't valid. No, those that secured permanent residence or naturalized are not impacted as their progeny would acquire the same status by descent eventually. Such a case would be a huge land mark with lot of gymnastics.