As will be demonstrated below, US District Judge Deborah Boardman misrepresented actual facts when issuing her preliminary injunction against President Trump’s Executive Order titled “Protecting the Meaning and Value of American Citizenship”.
Judge Boardman writes:
“The President’s novel interpretation of the Citizenship Clause contradicts the plain language of the Fourteenth Amendment and conflicts with 125-year-old binding Supreme Court precedent. At the turn of the twentieth century, the Supreme Court in United States v. Wong Kim Ark, 169 U.S. 649 (1898), resolved any debate about the scope of the Citizenship Clause and the meaning of “subject to the jurisdiction thereof.” Wong Kim Ark forecloses the President’s interpretation of the Citizenship Clause.”
The truth is, Judge Boardman suspiciously ignores the following facts surrounding Wong Kim Ark:
(1)Wong Kim Ark’s parents were in the United States legally;
(2) had been settled in America for quite some time;
(3) the parents had a permanent domicile and residence in the United States;
(4) they were carrying on a lawful business;
(5) and the parents were not employed in any diplomatic or official capacity under the emperor of China at the time of Wong Kim Ark’s birth.
Trump’s Executive Order is directed at the offspring of illegal entrant foreign nationals born on American soil as distinguished from the parents of Wong Kim Ark.
So, contrary to Judge Boardman assertion that, “. . . Wong Kim Ark forecloses the President’s interpretation of the Citizenship Clause. . .”, the truth is, Wong Kim Ark did not decide if the offspring of illegal entrant foreign nationals born on American soil are granted citizenship upon birth.
In fact, there is no Supreme Court case which Judge Boardman can cite which took up the question and confirmed, a child born on American soil to an illegal entrant foreign national is granted U.S. citizenship upon birth.
Judge Boardman also writes: “Today, virtually every baby born on U.S. soil is a U.S. citizen upon birth. That is the law and tradition of our country.”
The truth is, there is no “appropriate legislation” enacted by Congress under its exclusive Fourteenth Amendment Section 5 authority, which Boardman can cite as "law", declaring a child born to an illegal entrant foreign national while on American soil is granted citizenship upon birth.
It is true that Congress has exercise its exclusive power in the past, e.g., in 1924, and granted birthright citizenship to Indians born on American soil by the Indian Citizenship Act of 1924.
But as it turns out, Judge Boardman misrepresents the truth when saying that our “law” commands that every baby born on U.S. soil is a U.S. citizen upon birth.
Judge Boardman also asserts "The government will not be harmed if enforcement of the Executive Order is enjoined."
But the truth is, American citizens will, and are now being harmed, by granting citizenship to the offspring of illegal entrant foreign nationals who are born on American soil. American citizens are paying the price to provide social and economic needs for the offspring of illegal entrant foreign nationals, while the children of American citizens suffer as needed and limited resources are diverted for the use and enjoyment of children of illegal entrant foreign nationals.
Today, nothing more than unwritten federal policy, not "law" recognizes the offspring born to an illegal entrant foreign national on American soil as a citizen of the United States upon birth.
Although Judge Boardman has expressed her compassionate views in support of granting citizenship to the offspring of illegal entrant foreign nationals born on American soil, her views are certainly not the “law” and only reflect existing public policy which a President, under his Article 2 authority, can lawfully change.
Let us keep in mind the policy making authority of our President is a hallmark of our Republican Form of Government guaranteed by the terms of our Constitution, which also provides for elections in order to accommodate change of existing public policy.
Since our Constitution does not explicitly grant citizenship to the offspring of illegal entrant foreign nationals born on American soil, nor has Congress acted to grant such citizenship, nor is there a Supreme Court case where the Court was called upon to decide if the offspring of illegal entrant foreign nationals born on American soil are granted United States citizenship upon birth, and that nothing more than unwritten federal policy has recognized the offspring of illegal entrant foreign nationals born while on American soil as citizens of the United States, President Trump, elected by the good people of the United States, is free to exercise his administrative policy-making power, so long as it does not violate any provisions of our Constitution, and he may change existing federal policy which has recognized the offspring of illegal entrant foreign nationals born while on American soil as citizens of the United States upon birth.
Elections have consequences!
The bottom line is, US District Judge Deborah Boardman has misrepresented facts in granting her injunction, has made a mockery of our county's rule of law, and in doing so has flaunted the Code of Conduct for United States Judges
JWK
“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - Joseph Story
.
Judge Boardman writes:
“The President’s novel interpretation of the Citizenship Clause contradicts the plain language of the Fourteenth Amendment and conflicts with 125-year-old binding Supreme Court precedent. At the turn of the twentieth century, the Supreme Court in United States v. Wong Kim Ark, 169 U.S. 649 (1898), resolved any debate about the scope of the Citizenship Clause and the meaning of “subject to the jurisdiction thereof.” Wong Kim Ark forecloses the President’s interpretation of the Citizenship Clause.”
The truth is, Judge Boardman suspiciously ignores the following facts surrounding Wong Kim Ark:
(1)Wong Kim Ark’s parents were in the United States legally;
(2) had been settled in America for quite some time;
(3) the parents had a permanent domicile and residence in the United States;
(4) they were carrying on a lawful business;
(5) and the parents were not employed in any diplomatic or official capacity under the emperor of China at the time of Wong Kim Ark’s birth.
Trump’s Executive Order is directed at the offspring of illegal entrant foreign nationals born on American soil as distinguished from the parents of Wong Kim Ark.
So, contrary to Judge Boardman assertion that, “. . . Wong Kim Ark forecloses the President’s interpretation of the Citizenship Clause. . .”, the truth is, Wong Kim Ark did not decide if the offspring of illegal entrant foreign nationals born on American soil are granted citizenship upon birth.
In fact, there is no Supreme Court case which Judge Boardman can cite which took up the question and confirmed, a child born on American soil to an illegal entrant foreign national is granted U.S. citizenship upon birth.
Judge Boardman also writes: “Today, virtually every baby born on U.S. soil is a U.S. citizen upon birth. That is the law and tradition of our country.”
The truth is, there is no “appropriate legislation” enacted by Congress under its exclusive Fourteenth Amendment Section 5 authority, which Boardman can cite as "law", declaring a child born to an illegal entrant foreign national while on American soil is granted citizenship upon birth.
It is true that Congress has exercise its exclusive power in the past, e.g., in 1924, and granted birthright citizenship to Indians born on American soil by the Indian Citizenship Act of 1924.
But as it turns out, Judge Boardman misrepresents the truth when saying that our “law” commands that every baby born on U.S. soil is a U.S. citizen upon birth.
Judge Boardman also asserts "The government will not be harmed if enforcement of the Executive Order is enjoined."
But the truth is, American citizens will, and are now being harmed, by granting citizenship to the offspring of illegal entrant foreign nationals who are born on American soil. American citizens are paying the price to provide social and economic needs for the offspring of illegal entrant foreign nationals, while the children of American citizens suffer as needed and limited resources are diverted for the use and enjoyment of children of illegal entrant foreign nationals.
Today, nothing more than unwritten federal policy, not "law" recognizes the offspring born to an illegal entrant foreign national on American soil as a citizen of the United States upon birth.
Although Judge Boardman has expressed her compassionate views in support of granting citizenship to the offspring of illegal entrant foreign nationals born on American soil, her views are certainly not the “law” and only reflect existing public policy which a President, under his Article 2 authority, can lawfully change.
Let us keep in mind the policy making authority of our President is a hallmark of our Republican Form of Government guaranteed by the terms of our Constitution, which also provides for elections in order to accommodate change of existing public policy.
Since our Constitution does not explicitly grant citizenship to the offspring of illegal entrant foreign nationals born on American soil, nor has Congress acted to grant such citizenship, nor is there a Supreme Court case where the Court was called upon to decide if the offspring of illegal entrant foreign nationals born on American soil are granted United States citizenship upon birth, and that nothing more than unwritten federal policy has recognized the offspring of illegal entrant foreign nationals born while on American soil as citizens of the United States, President Trump, elected by the good people of the United States, is free to exercise his administrative policy-making power, so long as it does not violate any provisions of our Constitution, and he may change existing federal policy which has recognized the offspring of illegal entrant foreign nationals born while on American soil as citizens of the United States upon birth.
Elections have consequences!
The bottom line is, US District Judge Deborah Boardman has misrepresented facts in granting her injunction, has made a mockery of our county's rule of law, and in doing so has flaunted the Code of Conduct for United States Judges
JWK
“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - Joseph Story
.