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See, logic would dictate that this would be immediately laughed out of court since a change of this magnitude would require a Constitutional Amendment. The 14th amendment does not say it only applies to certain people or under certain circumstances.
Then I remembered what timeline we're in. Trump will have this gleefully rammed through Congress, and the Supreme Court will uphold it based on the long-standing legal principle of "Yeah, but they're brown....."
And this is how Trump invalidates the Constitution. Not by decree. But by spending 4 years sidestepping the Constitution and telling his base that it's just an outdated piece of paper with a bunch of guidelines that can be safely ignored the minute they become inconvenient. Or at least, inconvenient for Republicans.
And he'll do it to thunderous applause.
It does have one circumstance:
I'm trying to figure out how they will argue that immigrants are not "subject to the jurisdiction thereof".
I've only heard that applied to foreign diplomats. Because the parents have diplomatic immunity, they and their children aren't "subject to the jurisdiction thereof."
I think I figured it out... Diplomats are not actually the only persons who can be within American borders without being subject to American law. Another category is "Enemy Combatant".
Remember that Texas has declared immigrants to be invaders.
If they aren't, then border patrol would have no grounds to detain them. ICE could not deport them...
Try this on for size: Trump follows Texas's lead, and declares them to be invaders. Enemy combatants aren't subject to the laws of the nation they are invading.
Trump can argue that Border Patrol is performing a military role, rather than a law enforcement role.