[link removed] [[link removed]] Last week was a tough week for treating immigrants fairly, the Rule of Law, and the foundation of our democratic republic. But I continue to believe in—and will keep fighting for—those values.
On Day One of his Administration, President Trump declared in an executive order that those born in this country will no longer be treated as citizens. This declaration threatens to harm many Coloradans, is invalid legally, and is morally wrong. That’s why I am challenging it in court.
From a legal perspective, the Fourteenth Amendment of the U.S. Constitution is clear on this point—if you are born here, you are a citizen. That Amendment overruled a prior Supreme Court decision, the Dred Scott case, that ruled that a Black man born here lacked the protections of citizenship. Dred Scott , like the Korematsu decision that allowed the internment of Japanese Americans, has become a negative precedent—a caution for how not to interpret our Constitution.
Here’s the relevant provision of the Fourteenth Amendment—
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. [[link removed]]
The Trump Administration’s apparent defense for its lawless order is that the provision “subject to the jurisdiction thereof” excludes those born to those people who are not citizens, whether H1-B visa holders, DREAMERs, or undocumented immigrants. That’s wrong. The Supreme Court has rejected this argument, and it is at odds with the reality that all of those individuals are subject to U.S. jurisdiction and laws, unlike, say, a soldier subject to the Geneva Convention or a diplomat. I explained this point to Ryan Warner on Colorado Matters [[link removed]] . I also discussed it with Joy Reid [[link removed]] and Jose Diaz Balart [[link removed]] on MSNBC.
I know people are concerned about the moment we are living in. I am, too. When it comes to how we treat immigrants, my message is simple—our nation needs to continue to treat them fairly and legally. For me, that’s personal, as my mom and grandparents came here as refugees after surviving the Holocaust. As Attorney General, I will continue to believe in and fight for an America that lives under the rule of law and upholds our core values.
Thank you for supporting me in doing this important work.
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Phil.
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