Things That Matter

Trump Administration Plans To End Birthright Citizenship And They Say A Constitutional Amendment Isn’t Necessary

The acting United States Citizenship and Immigration Services director Ken Cuccinelli told the Christian Science Monitor, at a breakfast they hosted, that he believes a constitutional amendment isn’t required to end birthright citizenship. When Newsweek tried to corroborate this claim with constitutional law experts, they disagreed. 

“Yes, it would require a constitutional amendment, and almost everyone else working on this topic would agree,” Ian Bartrum, a law professor at University of Nevada, Las Vegas told Newsweek.

However, threats to end birthright citizenship — as stated in the 14th amendment that anyone born in the U.S. is a citizen — should not be taken lightly. Amanda Frost, a professor at American University’s Washington College of Law, penned an op-ed for the Atlantic which claims citizenship is in a fragile state due to an onslaught of the Trump Administration’s policies. 

Is an end of birthright citizenship coming? Ken Cuccinelli certainly hopes so.

“I do not think you need an amendment to the Constitution. I think the question is do you need congressional action or can the executive act on their own,” Cuccinelli told the Christian Science Monitor. 

Cuccinelli was echoing the hope of President Trump who stated in August that he was considering ending birthright citizenship “very seriously.” 

“Where you have a baby on our land, you walk over the border, have a baby,-congratulations, the baby is now a US citizen…It’s frankly ridiculous,” Trump said. 

As early as October 2018, Trump alleged he would use an executive order to end it, however then-Speaker of the House Paul Ryan dismissed Trump’s claims as legally impossible because “the Fourteenth Amendment is pretty clear.” 

Why do we need a new constitutional amendment to end birthright citizenship?

The Fourteenth Amendment, ratified in 1868 states clearly, “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.”Meaning anyone born in the U.S. (regardless of their parent’s status) or anyone who goes through the legal process of becoming naturalized is a citizen of the United States. Constitutional Amendments are the legal foundation of our government, changing them is not so easy. In order to repeal an old one, a new one is necessary. For example, the Twenty-First Amendment in 1933 was ratified to repeal the Eighteenth Amendment, which prohibited alcohol. 
To pass a new amendment would require three-fourths of states (34 states) to ratify the amendment and make it law. Thus, many have dismissed the idea that ending birthright citizenship would ever be possible — 34 states would never agree. This is why Cuccinelli’s statements have experts and advocates vexxed. 

Can we end birthright citizenship through congressional action like Cuccinelli says? 

One can only speculate if Cuccinelli is referring to the process of proposing an amendment that would require a two-thirds majority in Congress but this method would still necessitate ratification by 34 states and would still be an amendment. It is unclear what method of congressional action or executive action would result in ending birthright citizenship. 

The Daily Beast reported that in 2008, Cuccinelli urged congress to call a constitutional convention to amend the 14th Amendment of the U.S. Constitution, “to clarify specifically that a person born to a parent who is a U. S. citizen is also a citizen of the United States,” in order to exclude children born to undocumented parents.

As Newsweek notes, “[Law professor] Bartrum mentioned that the 14th Amendment was created to overturn the Dred Scott case, which allowed states to deny citizenship to the descendants of former and freed slaves. He noted that overturning that amendment would be questionable.”

Nevertheless, birthright citizenship is still in a precarious position as threats mount against it.

In “The Fragility of American Citizenship,” Amanda Frost highlights that the Trump administration has chipped away at the premise that all you would need to prove that you’re a citizen is a birth or naturalization certificate. The Trump administration has created a denaturalization team dedicated to investigating 700,000 naturalized citizens. 

One man, Baljinder Singh, had his citizenship revoked under the Trump administration, despite being naturalized and living here for three decades because a government official spelled his first name incorrectly when he arrived in the United States as a teenager. Birthright citizens are being attacked too. 

“Take, for example, retired Marine Gunnery Sergeant Enrique Martinez. His birth certificate stating he was born in Texas was good enough for the U.S. Marine Corps. Nonetheless, the State Department refused his application for a passport on the grounds that it was insufficient proof that he was a U.S. citizen,” Frost wrote. 

Frost believes these denials and denaturalizations are an, “attack on the citizenship of ethnic, racial, and religious minorities.”

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This Migrant Mother Spent Three Years In Church Sanctuary But Now She’s Free

Things That Matter

This Migrant Mother Spent Three Years In Church Sanctuary But Now She’s Free

Lawyers are working hard to get a deportation order removed against a woman who just left a church sanctuary after three years in the refuge. Although she was previously denied asylum in the U.S., advocates are hoping that under new direction from the Biden administration, her case will be reviewed and she’ll be able to stay with her family in Ohio – where she’s lived for more than twenty years.

A mother of three is back with her family after living three years inside a church.

A mother of three who sought refugee inside an Ohio church from immigration authorities has finally been able to leave three years later. Edith Espinal, who herself is an immigrant rights advocate, had been living at the Columbus Mennonite Church since October 2017 to avoid being deported to Mexico. She’s now out of the church and back with her family following a meeting with Immigration and Customs Enforcement (ICE) officials, who have agreed that she’s not an immediate priority for deportation.

“Finally, I can go home,” Espinal told reporters after meeting with the officials. With tears of relief, she celebrated the small victory in the presence of dozens of supporters who accompanied her to the ICE building.

“But it is not the end of her case. We’re still going to have to fight,” her attorney Lizbeth Mateo said.

ICE has agreed to hold off on her deportation proceedings pending her asylum request.

Espinal was released under an order of supervision, meaning that while she’s not considered an immediate priority for deportation, she must periodically check in with ICE officials to inform them about her whereabouts.

She has lived in Columbus for more than two decades and had previously applied for asylum, citing rising violence in her home state of Michoacán. But she eventually was ordered to leave the country, which is when she sought refuge inside the Columbus, Ohio church.

“We’re going to continue pressing the Biden administration to do the right thing, and try to get rid of that order of deportation against Edith, so she can walk freely like everyone else does without fear,” Mateo said during the press conference.

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Worried If TikTok Will Still Be Banned In The US? The Biden Administration Just Made Some Announcements

Things That Matter

Worried If TikTok Will Still Be Banned In The US? The Biden Administration Just Made Some Announcements

Since his inauguration last month, Joe Biden has reversed many of Donald Trump’s nightmarish policies established over the last four years. In the first 24 hours alone, he rejoined the Paris Climate Agreement, reinstated protections for LGBTQ+ people, ended a travel ban on majority-Muslim countries, and retracted the country’s withdrawal from the World Health Organization.

Now, the Biden administration has also announced its intentions with the proposed TikTok ban, as it assesses whether the short-form video app really poses a national security threat.

The Biden administration has halted the proposed ban on TikTok.

According to the BBC, the suspension means that both TikTok and the messaging app WeChat, two Chinese-owned apps implicated in the ban, can continue to operate in the US while government staff familiarize themselves with the case.

Trump had claimed that TikTok presents privacy and security concerns, echoing hacktivist collective Anonymous’s allegations that the app is: “essentially malware operated by the Chinese government running a massive spying operation.”

The suspension signals that US-based TikTokers won’t have to worry about the platform being banned anytime soon – roll on more sea shanty success stories and viral style challenges.

Originally Published July 30, 2020: President Donald Trump is renewing his attempt to ban TikTok from the U.S. There has been more scrutiny on TikTok as more people delete the app from their phone over security and privacy concerns. Yet, Microsoft is now interested in buying the social media platform.

President Donald Trump is reportedly getting ready to tell Chinese-owned ByteDance to sell their U.S. stakes in TikTok

While President Trump continues his attempts to get rid of TikTok, Microsoft is swooping in to save the social media platform by acquiring it now. It is unclear how far the talks are between Microsoft and TikTok but it would protect the app from being banned in the U.S. ByteDance the company that owns TikTok is valued at $100 billion.

Original: With millions of teens and young adults – a demographic I think I still fit – under lockdown orders thanks to the Coronavirus pandemic, millions of Americans turned to TikTok.

The fun, 15-second video app has been downloaded more than 200 million times in the U.S. since the beginning of the pandemic, with users sharing everything from dance and recipe videos to starting now-viral trends. The app is loved by its users and they’re proving they’ll stand by it when it comes under threat. Which is exactly what they’re doing now as the Trump administration has announced a potential ban on TikTok.

According to some officials, Trump is looking to ban TikTok.

https://twitter.com/taylorlorenz/status/1281680094218592259?s=21

According to senior administration officials – and Trump himself – the TikTok app is a threat to U.S. national security and at risk of being banned in the country. Some are suggesting it’s a way for Trump to retaliate against China over its handling of the Coronavirus, others suggest it’s Trump retaliating against ‘TikTokivists’ who helped make his Tulsa rally a total disaster. Either way, news of a possible ban on TikTok has sent its users into overdrive.

Trump’s comments came after Secretary of State Michael Pompeo told Americans not to download the app unless they want to see their private information fall into “the hands of the Chinese Communist Party.”

Trump didn’t offer specifics about a potential decision and Pompeo seemed to walk back the idea of a ban in a later statement, saying that the U.S. efforts to protect American consumers’ data don’t relate to any one particular company.

TikTok, an app known for quirky short videos, is facing political heat because of its ties to China.

Credit: Getty Stock Images

TikTok has in fact come under increased scrutiny in recent months – not just in the U.S. – for it’s ties to China. TikTok is owned by a Chinese company and many countries around the world are worried about that connection. Citing national security concerns, India banned TikTok last week. The US Army and Navy have banned service members from downloading the app to government-issued phones. Even Amazon has raised concerns. On Friday, the huge online retailer barred employees from using the app on devices that connect to the company’s email, citing “security risks.”

TikTok has tried responding to the issue. In an interview with CNBC, a TikTok spokesperson said, “TikTok is led by an American CEO, with hundreds of employees and key leaders across safety, security, product, and public policy here in the U.S. We have no higher priority than promoting a safe and secure app experience for our users. We have never provided user data to the Chinese government, nor would we do so if asked.”

The company has also made it clear that all data from American citizens is stored outside of China, on servers based in the United States. The company claims that its data centers are located entirely outside of China, and that none of their users’ data is subject to Chinese law.

Meanwhile, many TikTok users say they care less about potential Chinese snooping and more about Trump taking away their digital hangout. In the U.S., TikTok has been downloaded more than 165 million times, according to Sensor Tower.

“I don’t believe Trump is trying to take TikTok away because of national security, but more to retaliate against activism on the app and all the videos about him that drag him through the mud,” said Darius Jackson, an 18-year-old TikTok user, in a statement to CNBC.

“This is the first year I’ll be able to vote and I think activism on TikTok is going to make a big difference,” Jackson said.

Many view the move as retaliation for Trump’s failed Tulsa rally.

Credit: Mark Short / Getty Images

It’s hard to forget the epic fail that was Trump’s Tulsa rally. His planned ‘relaunch’ of his 2020 campaign after being forced to suspend his massive rallies because of Coronavirus.

Leading up to the event, Trump had touted record-shattering interest and ticket sales for the rally. He went so far as to say that millions of Americans had RSVP’d for it – and he wasn’t actually lying this time. However, there was one minor problem – hundreds of thousands of tickets were actually reserved in a massive campaign by Korean pop stans and TikTok users.

Thanks to a TikTok campaign, Trump’s ‘massive’ rally was an utter disaster attended by only a few thousand people. Many suggest that this campaign cold be why Trump is looking to target TikTok with some sort of ban.

Since the announcement, ‘TikTok Teens’ have launched a full-fledged assault against the Trump administration.

One of the pettiest (ie. best) moves the collection of ‘TikTokivists’ has made so far, is that tens of thousands flooded the Apple App Store and left scathing reviews of the Trump 2020 Campaign app. On Wednesday alone 700 negative reviews were left on the Official Trump 2020 app and 26 positive ones, according to tracking firm Sensor Tower.

“For Gen Z and Millennials, TikTok is our clubhouse and Trump threatened it,” said Yori Blacc, a 19-year-old TikTok user in California who joined in the app protest. “If you’re going to mess with us, we will mess with you.”

The efforts to push the app low enough so that Apple will remove it from the app store may be misguided. Apple doesn’t delete apps based on their popularity. The App Store may review those that violate its guidelines or are outdated, but not if their ratings sink. A similar tactic was tried in April to protest Google Classroom by kids frustrated with quarantine home-schooling.

But can the U.S. government actually ban an app?

According to most legal experts, the answer is no. Sure, the administration could attempt to but thanks to the U.S. legal system, a total ban wouldn’t last. Administrations have limited authority to ban outright any specific piece of software, like an app. But it could potentially lobby Congress to enact legislation that targets TikTok.

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