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Several groups led by DACA recipients gathered at La Placita Olvera in Los Angeles, California, on November 11, 2024, for a rally and march in response to policies President-elect Trump has promised to enforce against immigrants who have entered the country.
Can Trump end birthright citizenship?
The lawsuit, led by New Jersey, California, and Massachusetts, argues that Trump can’t unilaterally rewrite the Constitution’s 14th Amendment guarantee of birthright citizenship to every baby born in the US. They point to the Supreme Court’s Wong Kim Ark decision, which set the precedent of birthright citizenship regardless of the parents’ legal status in 1873.
Trump argues that revoking birthright citizenship is critical to curbing illegal migration to the US. He is supported by a minority of legal scholars who say that Wong Kim Ark decision misinterpreted the Constitution. They argue that because unauthorized migrants are not “subject to the jurisdiction” of US law – in the sense that they can’t vote and are excluded from certain rights afforded to Americans – that the 14th Amendment does not apply to them or their children.
Will Trump succeed? Trump can’t rewrite the 14th Amendment or 100 years of legal precedent with an executive order, but he could with the help of sympathetic judges. Lower courts are likely to side with the states, but if Trump appeals, it is likely to be decided by the Supreme Court, where the Conservative majority has not shied away from overturning legal precedent in recent terms.Abortion and citizenship dominate ballot initiative successes
The Supreme Court’s decision to overturn Roe v. Wade in 2022 made abortion one of the marquee issues of this campaign season, and in 10 states, the issue showed up as ballot initiatives. In Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York, voters chose to guarantee reproductive freedom, while in Florida, the measure – which needed 60% to pass – failed with 57% of the vote. South Dakotan, meanwhile, rejected a right to abortion, while Nebraska passed a prohibition on abortions after the first trimester.
The results do confirm abortion as the animating issue many Democrats thought it would be — but also indicate many voters trusted President-elect Donald Trump when he promised to leave it to the states. Arizona, Missouri, Montana, and Nevada all went for Trump while enshrining state rights to abortion, and Floridians voted overwhelmingly to do the same, even if the measure didn’t pass. Democratic promises of a national abortion guarantee didn’t cut the mustard.
Citizenship: The other big winners were a series of somewhat farcical measures that sought to make US citizenship a requirement to vote. Eagle-eyed readers will know that citizenship is already a requirement to vote, and in Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin, the approved changes are all but totally symbolic. Given pervasive concerns about immigration, however, the tactic may have helped drive voters to the polls in the crucial swing states of North Carolina and Wisconsin, clinching Trump’s victory.
In Iowa, the passed citizenship measure also allows 17-year-olds to vote in primary elections if they will be 18 before the general election. Nevada also passed a measure that will increase voter ID requirements overwhelmingly.
Marijuana: The cannabis legalization movement’s efforts went up in smoke, with all three states voting on recreational weed failing to pass the measures. Not terribly surprising in the deep red Dakotas, but take Florida’s results with a grain of salt. An overwhelming 56% majority of Floridians wanna “Pass the Dutchie ‘pon the left-hand side,” but state law requires 60% supermajorities for ballot measures.
Voting: The District of Columbia made uncharacteristic news by overwhelmingly passing a measure that allows independents to vote in primaries and established a ranked-choice system — common in Europe, but new to the US scene. Idaho and South Dakota, meanwhile, rejected a similar open primary and ranked-choice system, and Colorado looks likely to do the same. Open primaries weren’t on the ballot in Oregon, but voters rejected ranked-choice. In Alaska, a measure to repeal ranked-choice voting is neck-and-neck, too close to call at the time of writing.
Activists from the Asom Jatiyatabadi Yuba Chatra Parishad (AJYCP) are staging a protest after the central government notified the rules for the implementation of the Citizenship (Amendment) Act, 2019, in Nagaon District, Assam, India, on March 11, 2024.
India enacts fraught new citizenship law ahead of election
The Indian government implemented a new citizenship law on Monday after over four years of delay that critics say may be used to discriminate against the country’s large Muslim minority.
What’s the new law? The amendment extends Indian citizenship to Hindus, Parsis, Sikhs, Buddhists, Jains, and Christians who moved to India from Pakistan, Afghanistan, or Bangladesh before Dec. 31, 2014.
Supporters say the law is meant to help members of those faiths escape persecution in their countries of origin, but critics worry it is one step of a two-part plan. In combination with a proposed national register of citizens, they say this law could be used to render Muslims stateless. When the law was first passed in 2019, it triggered months of protests and riots that left dozens dead and hundreds injured, which is why the government waited years to implement it.
Why now? Prime Minister Narendra Modi has never looked stronger, and he’s aiming to fire up Hindu nationalist sentiment ahead of elections this spring. Modi is expected to win comfortably, but he’s aiming to run up his party’s vote count as high as possible and solidify its long-term prospects.
To that end, earlier this year he opened a controversial Hindu temple on the grounds of a former mosque in a massive symbolic victory, which had been the site of violent confrontation for over a century. And to woo less spiritually motivated voters, Modi announced he was spending $15 billion on infrastructure in the south and east, where he hopes to make inroads into opposition strongholds.