No. of Recommendations: 3
Let's take a quick look at this EO.
https://www.whitehouse.gov/presidential-actions/20...The first think I want to point out is that it applies only to births 30 days after the date of the order. (February 19, 2025, if I've counted days correctly.) So there is no retroactive revocation of citizenship.
My lay reading of this order is that Trump is taking a novel interpretation of the phrase "subject to the jurisdiction" of the US. Historically, this has generally excepted foreign diplomats, as they are not subject to US and State laws. The claim in this order is that this lack of jurisdiction extends to mothers who are not lawfully present in the US at the time of birth and to mothers that are present lawfully but temporarily.
I suspect this is going to completely fail. For the first part, all you have to do is find a mother present in the US illegally and in jail before, at, or just after birth. If they are in jail, they are apparently subject to the jurisdiction of the US or a State. If they are not subject, why are they in jail?
For the second test - here lawfully on a visa or similar - again, find someone in jail. That would seem to be evidence of jurisdiction. There might even be some agreement to be subject to jurisdiction buried in the visa application or a treaty.
Diplomats - who are not subject to US jurisdiction - are not jailed. They are asked to leave. I seem to recall some formal process to revoke their status as diplomats, so if they don't leave they can be jailed.
--Peter
