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  • Dana Nessel files meritless lawsuit against Trump's anchor baby order
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Dana Nessel files meritless lawsuit against Trump’s anchor baby order

Washtenaw Republican Club January 22, 2025
nessel

Instead of help­ing the cit­i­zens of Michi­gan, Attor­ney Gen­er­al Dana Nes­sel has joined a law­suit against Pres­i­dent Don­ald Trump, aim­ing to block his exec­u­tive order to end near-uni­ver­sal birthright cit­i­zen­ship for chil­dren born in the Unit­ed States.

Advo­cates for ille­gal immi­grants like Dana Nes­sel argue that the Four­teenth Amend­ment to the Con­sti­tu­tion guar­an­tees cit­i­zen­ship to any­one born on Amer­i­can soil, whether or not that indi­vid­ual is a cit­i­zen or even legal­ly in the Unit­ed States.

The Four­teenth Amend­ment was writ­ten to over turn the Dred Scott deci­sion and guar­an­tee cit­i­zen­ship to freed slaves and oth­er black Amer­i­cans — not to ille­gal immi­grants.

The con­cept of birthright cit­i­zen­ship was invent­ed by the late activist Supreme Court Jus­tice William Bren­nan, who invent­ed the anchor-baby pol­i­cy out of whole cloth and snuck it into a foot­note of an opin­ion writ­ten in 1982. 

The Bren­nan foot­note was not part of the deci­sion. It does not have the force of law.

No U.S. Con­gress or Supreme Court ever debat­ed and then approved the idea that chil­dren born to moth­ers ille­gal­ly present in the coun­try should auto­mat­i­cal­ly become cit­i­zens.

Con­se­quent­ly, any pres­i­dent or Con­gress could sim­ply state that chil­dren born to ille­gal aliens are not cit­i­zens. 

Now, Pres­i­dent Trump has.

Nes­sel’s law­suit is a shame­ful bit of par­ti­san hack­ery, a waste of tax­pay­er resources, and a slap in the face of law-abid­ing, tax­pay­ing Michi­gan­ders.

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