You Make a Difference! Our mission and operations are funded entirely by Patriots like you! Please support the 2023 Year-End Campaign now.

August 22, 2019

Birthright Citizenship and Detaining Illegal Aliens

One change to detention rules and one mulled change President Trump would like to make.

U.S. immigration law and practice has been a crumbling disaster for decades. President Donald Trump is, in numerous ways, challenging the status quo with policy changes and the ensuing legal battles. He made one change Wednesday and reiterated his desire for another.

First, the latter. “We are looking at birthright citizenship very seriously,” Trump said Wednesday of the practice of conferring U.S. citizenship on children born to illegal aliens on American soil. “It’s frankly ridiculous.” In October 2018, when he first pitched such an executive order, we discussed at length the true meaning of the 14th Amendment. We have long argued it has been grossly misinterpreted to provide for birthright citizenship of the children of illegal aliens — aliens who are not “subject to the jurisdiction” of the U.S. as the amendment clearly states. Its framers absolutely did not intend to confer citizenship on children whose parents flouted U.S. law.

Trump’s intention should he craft such an executive order would clearly be to force the courts to provide greater legal clarity on an issue that has long troubled many Americans. That doesn’t mean Trump would win a legal battle, however. The longstanding practice of conferring that citizenship has convinced many Americans (notably judges) that it’s what the 14th Amendment actually means and that Trump can’t change even the executive branch’s interpretation of it with an executive order.

Second, Trump ordered a change regarding detention of families and minors caught illegally crossing the border. In 1997, a court agreement known as the Flores settlement determined how such children should be treated, including releasing unaccompanied minors after only 20 days in custody. In 2015, Judge Dolly Gee, appointed by Barack Obama, expanded that to force the release of even minors who crossed with their parents. (Hello, separating children from parents.)

Political analyst Gary Bauer explains the predictable consequences:

Not surprisingly, family unit apprehensions have spiked 2,800% over the past six years, a direct result of the [expanded] Flores loophole. (Sadly, there have been thousands of cases of innocent children being exploited by unrelated adults hoping to take advantage of this loophole.)

President Trump has had enough of this insanity. He is ordering appropriate agencies to detain families together throughout the entirety of their immigration proceedings.

Under this new rule, no children will be separated from their mothers and no illegal immigrants will be released to disappear into the interior of the country. If they are allowed to remain in the country, they will be released together. If they are ordered deported, they will be deported together.

Over the last five months alone, the Border Patrol has apprehended 137,000 illegal-alien parents and children, only to release them almost immediately. Trump’s order is not just a corrective measure but a deterrent. “They won’t come,” Trump said. “And many people will be saved.”

Au contraire, says House Speaker Nancy Pelosi. Per her usual sanctimonious moralizing, she declared that Trump’s change is “seeking to codify child abuse” and “violating every standard of morality and civilized behavior.” Wrong. He’s merely attempting to reinstate Rule of Law, an utterly foreign concept to today’s Democrats.

Start a conversation using these share links:

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!

The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)


“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2023 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.