Editor’s note: this video was recorded on the morning of January 23, 2025. On the afternoon of Jan 23, a federal judge issued a temporary injunction blocking the implementation of the executive order banning birthright citizenship for the children of undocumented immigrants. The judge said that in their 40 years, they had never seen something so “blatantly unconstitutional.” Expect this case to be appealed up to the Supreme Court.
Playback speed
1×
Subtitles
Share post
Share post at current time
Share from 0:00
0:00
/
19:08
Transcript
0:00
SPEAKER 1
Birthright citizenship, mass deportations, raids, so many changes and questions about immigration. We're going to get into it in this video. Let's dive in. I feel like I'm supposed to say, I'm Sharon McMahon. And here's where it gets interesting. But I'm not, I'm not going to say that. Let's talk about birthright citizenship.
0:23
If you were born on US soil, you are a US citizen. That's how it's worked. The 14th Amendment, in fact, says 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.
0:38
That has always been understood to mean people born on U.S. soil, with the exception of a very, very poor decision on the part of the Supreme Court in which they said that African-Americans are not, in fact, United States citizens. No matter how long they've been in the United States.
Trump's Immigration Overhaul
Answering your questions on ICE raids, birthright citizenship, mass deportations, and more
Jan 23, 2025
Recent Posts
Nothing says a well thought out, wise use of the power of executive order like misspelling murderers. Cool cool cool.
Boy do I love the point you made about us not being able to arrest or detain people if they're not within our jurisdiction 👀. Louder for the people in the back!!
This nurse will require a warrant or administrative order before I tell an ICE agent (or anyone else) anything about my patients. 💯 As always, thank you for your time and expertise! 💕
I feel like there are some folks who drafted the 14th An EO that didn’t think through the ramifications of their “subject to the jurisdiction thereof” argument
Agreed. So if they are not subject to the jurisdiction of the United States, then... what? We have no right to arrest and detain them? Because jurisdictional issues are foundational in US law.
If SCOTUS sides with this argument, I’ll start making that same argument on behalf of my clients - i.e., that the government has no authority to initiate deportation proceedings. What’s good for the goose …
(and thanks, as always, for being you)
Can you *imagine* the absolute chaos.
Complete and utter. This is going to be fascinating to follow.
All day I had that floating around in my thoughts, and deciding this could be opening a serious can of worms. *preparing popcorn to watch it all play out *
Just wanted to say it was lovely to see you here Christina! A fellow governerd introduced me to your instagram about a year ago and I’ve learned so much from you!
Aww thank you!! I’m so glad to hear that you find it useful/helpful! Definitely gives me the energy to keep going lol
I’m so glad! I am a definite lurker 🤣 But I’ve been reading and listening. Both your expertise and compassion come out in your explanations.
🥹🥹
Once again, Sharon, I appreciate you doing such deep research to answer these questions. I've worried about the use of the term "invasion" in the political rhetoric as laying the groundwork to justify an overreach of federal troops.
Recently I’ve been paring back my social media participation and limiting news intake for my mental health. So thankful for the work you’ve done on Instagram and now here on Substack to help educate many of us. Subscribing was a no-brainer, as I’m thankful to support the work you do!
Has Trump actually thought ahead to what a mass removal of immigrants will do to our economy? Or is his racism blinding him to that?
My fear is that they're going to detain more than they deport, and use the exception made by the 13th amendment (which outlaws slavery *except in punishment for a crime*) to create camps to continue to provide agricultural labor for free.
thank you for this! I get that there is no downside to Maga for enacting these policies, however I do worry about the downside to the American economy and also the trauma of family separation which will affect legal citizens and non documented alike.
What I heard is they are excited to get the opportunity to legally terrorize people. That seems just dystopian enough to be on brand for this administration. *sigh*
😢
Thank you for the breakdown! New subscriber… going to try to convince my mom to subscribe as well. The mass media dramatization is just too much!!
Welcome!!
Show me the murderers and rapists hiding in schools..... I'll wait.
The only murderers are the ones who commit mass casualty events and we know what the response is (or isn’t) to that
There was NO ICE raid on a school. This information was not correct!!
I’ve been hearing a lot of talk about for profit prisons stocks going up in preparation to hold undocumented immigrants. Is this true/likely? Could you touch on the likelihood that those that are held would not be deported and instead be used as laborers in the fields they were already working but for much lower pay? Essentially slave labor.
It is the only form of slave labor still allowed under the 13th amendment (which has an exception for unpaid labor used as punishment for a crime). This is why our prison system is the largest in the world and why minorities are disproportionately imprisoned at higher rates. Ava Duvernay's documentary 13th is a sobering explainer of this concept.
In case anyone wants to get ahead of this possibility and write your reps, here's what I sent to my house rep (R) and my two senators (both D):
I am deeply concerned with the plans of this administration to conduct mass deportations, from a human rights perspective and from an economic perspective. Undocumented immigrants pay significant amounts into our tax system and social security. They complete labor that Americans are unwilling to do (though they are exploited with extremely low pay due to their inability to negotiate fair rates). Employers seeking American citizens to complete the work that will be left undone will increase costs exponentially. My biggest concern is that mass deportations will not actually take place, but that mass detention in labor camps will—in order to exploit the exception under the 13th amendment that slave labor is permitted in punishment for a crime. Please do everything in your power to stop any actions of this kind. If they want to deport people, deport them. Make American employers figure out how to properly pay Americans to complete the work that needs doing. Do not allow this country to further backslide into allowing slavery—an ongoing injustice of our prison system that has existed since the end of the Civil War and needs to be eradicated entirely. Thank you for all that you do to serve the American people.
The “Left” needs to denounce the absolute disaster of an immigration crisis allowed to run rampant under the Biden Administration! I am beyond sick of hearing “but who will pick our crops, who will clean our houses”?? This is the exact same cry by former slave owners asking “now who will pick my cotton” upon the freeing of the slaves. Even Bishop Budde last week echoed these exact words!! There needs to be acknowledgment of the entire debacle. Too many immigrants were allowed across our borders, women and children housed next to unvetted men, and for what? To come here and struggle and work for subpar wages. The amount of money wasted not to mention the unnecessary burdens placed on cities, infrastructures, etc is appalling. The process has got to be fixed and it would be nice to hear those on the Left offer some solutions instead of more whining and complaining. How this was allowed to happen is a travesty on every level.
Allexis, I have heard that, too. It’s horrible but I wouldn’t be surprised if that happens. Trump said he will bring down grocery prices. That would help do it. It’s not a good thing. 😢
It’s only day four. The next four years will be hell for all of us.
Thank you for being a great explainer.
Thank you Sharon! I loved this format.
Any other Harry Potter fans being reminded of Umbridge’s Educational Decrees with all of Trump’s EO’s???
I CANNOT thank you enough for your rational, fact based, historically literate explanations.
Thank you so much for this, I learned so much from having everything explained like this!
Thank you for this informative video!
Now it seems the Office of The President of the US has become a “sanctuary” for a criminal too. 😞🥺
Quite the opposite actually.
The President is a convicted felon.
Nah, not really ❤️
Just because you don’t like it, doesn’t make it untrue.
34 felony convictions.
And your point?
Just correcting disinformation, that’s all.
I love this so much, thank you so much for always explaining things in the most amazing way!
This whole EO makes me so sad for my high school students that I teach in AZ, they are so scared that ICE is just going to come and get them or they will come home and their families are gone. Lots of discussion lately with my students about their fears!
Thank you for this. I usually prefer written, but this was a video that kept my attention (and unlike IG, I can speed up the playback!).
Birthright citizenship is and isn’t a puzzling target. Is in the sense that, well it’s right there in the constitution so what is happening. Not puzzling in the sense that many consider birthright citizenship a magnet for people to come to the US illegally. But like Sharon said, Trump has nothing to lose by trying.
For other changes, I do wonder how necessary those are and what the driver is for them. I’m also wondering how and when numbers will look much different than the past decade plus. So far they seem in line with Biden’s first days (https://apnews.com/article/biden-administration-deports-hundreds-482889ed56ed3cd02c9c61ebd1e3fbb7) and I wonder how quickly it will exceed Biden’s last year (https://www.cbsnews.com/amp/news/deportations-by-ice-10-year-high-in-2024-surpassing-trump-era-peak/).
The ICE raids have already begun here in Colorado Springs and Denver. 😔
Can you provide your source for this please?
Thank you for such helpful information 💗 will continue to protect patients privacy
Thank you for your time, Sharon!! You put so much work into these. We appreciate you.
Thank you! I appreciate your calm approach and teaching style!
I really enjoyed this format, thank you Sharon!
Thank you so much for this, Sharon! I love this teaching format.
There is no doubt SCOTUS will get involved in this stray from the norm; however, if anyone bad mouths the idea, just consider who let unknown people into our nation without going through the VISA process.......my wife waited three months to step foot on American soil. I worked at a VISA processing post office in New Hampshire 20 years ago and all the applicants didn't get a free pass by the government at that time. Old Joe's handlers gave we the people "the Finger".
Sharon, thank you! What can we as citizens do at this point if we feel that Laken Riley is in unconstitutional?
What are the similarities and differences between the use of ICE Officers and the use of Brown Shirts in 20th Century Germany?
Thanks for the great recap. I would rather listen and be able to do something else at the same time. Thx for allowing me to multitask. Appreciate your effort, values, and commitment to democracy.
About the dissolution of sanctuary in schools, hospitals etc is that a law? How can he just overturn that with an executive order?
Sharon, I’d love it if you’re Preamble had an RSS feed to add to podcast feeds. I read them when I don’t necessarily have time to listen, then often forget about them in the midst of all the media coming in.
I have family and friends in the Navajo Nation. There have been multiple headlines about Native Americans and birthright citizenship. Is this something they should be worried about? I haven’t heard him speak to this specifically and just curious what you think.
Thank you for this breakdown! It's much easier for me to understand and see the scope at this point. Loving this format, as well.
Thank you for the video! It definitely helps clarify the issues.
What do you know about the Trump administrations claim that Native Americans are not granted birthright citizenship because they are excluded from taxing?
Have you spoke to any law scholars that provide a likely hood these will actually work? I mean the laws you mentioned seem pretty clear to me that they won’t but how will he prove otherwise. And who has time to challenge all these EOs
Does FERPA have the same language as HIPPA where school officials should not share personal information unless they a warrant?
So much to unpack. Thank you again for the clear explanation of these issues. I was thinking ahead of the "subject to the jurisdiction there of" and the double standard DT wishes to create surrounding this. It will be interesting to see how this goes.
Wouldn't the supremacy clause apply if the state national guard was trying to stop federal troops from coming in?