# The Trump deportation news thread

**URL:** <https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404>\
**Category:** Politics & Elections\
**Tags:** trump\
**Created:** [January 25, 2025, 11:58pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404 "2025-01-25T23:58:58Z")\
**Posts on this page:** 20\
**Page:** 35

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [May 11, 2025, 12:00am UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/681 "2025-05-11T00:00:39Z")

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Or violating constitutional protections (due process rights leap to mind).

Maybe the judge who ordered the government to turn the plane around with someone they were deporting could issue contempt of court violations to the people who ignored that ruling.

Just a few ideas.

The question is, will the police follow the governor’s order to arrest such people? I am not sure they would.

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**Author:** ![ekedolphin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ekedolphin/32/10003_2.png) [@ekedolphin](https://boards.straightdope.com/u/ekedolphin)\
**Post date:** [May 11, 2025, 7:23pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/682 "2025-05-11T19:23:29Z")

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Six people have been arrested around Oxnard, California over the past week, including a May 4 incident in which ICE detained a father at a gas station and left his two children in the car.

> **[ICE arrests California father and leaves his children behind in car: witness](https://www.independent.co.uk/news/world/americas/ice-oxnard-california-gas-station-b2748547.html)**
>
> Advocates say seven people were arrested over the last week, with operations centered around farmworker neighborhood

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [May 11, 2025, 7:28pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/683 "2025-05-11T19:28:30Z")

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Can the ICE agents be charged with endangering a child?

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [May 11, 2025, 7:29pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/684 "2025-05-11T19:29:52Z")

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Can they even be identified?

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [May 11, 2025, 7:33pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/685 "2025-05-11T19:33:10Z")

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The older child was 19, so probably not. (But unable to drive, so they were both stranded.)

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [May 11, 2025, 7:33pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/686 "2025-05-11T19:33:52Z")

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Actually, I meant the ICE agents.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [May 11, 2025, 7:36pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/687 "2025-05-11T19:36:35Z")

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I know. But i don’t think you can charge someone for endangering a child who is 19, nor for leaving a minor child alone with his 19 year old brother. So it’s moot.

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**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [May 13, 2025, 6:16pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/688 "2025-05-13T18:16:59Z")

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I read that SCOTUS begins hearing arguments tomorrow, on Trumps Executive Order banning birthright citizenship.

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**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\
**Post date:** [May 13, 2025, 7:02pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/689 "2025-05-13T19:02:07Z")

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I will be flabbergasted if Trump’s idea is upheld.

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**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\
**Post date:** [May 13, 2025, 7:14pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/690 "2025-05-13T19:14:36Z")

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My expectation once the case is decided that birthright citizenship will be upheld by a vote of 7-2. At best. It could be narrower but I don’t see it being struck down.

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**Author:** ![crowmanyclouds](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crowmanyclouds/32/19884_2.png) [@crowmanyclouds](https://boards.straightdope.com/u/crowmanyclouds)\
**Post date:** [May 13, 2025, 7:27pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/691 "2025-05-13T19:27:31Z")

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If it isn’t upheld 9-0 then stare decisis, which is on life support after the overturning of Roe, is officially dead.

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**Author:** ![Tatterdemalion](https://avatars.discourse-cdn.com/v4/letter/t/43a26b/32.png) [@Tatterdemalion](https://boards.straightdope.com/u/Tatterdemalion)\
**Post date:** [May 13, 2025, 7:44pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/692 "2025-05-13T19:44:54Z")

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I predict it will be 6-3 to strike down the nationwide injunction. The suicadily strict textualists will vote to make everyone affected by this fight it out through every level of the courts to claim citizenship.

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**Author:** ![Zoobi](https://avatars.discourse-cdn.com/v4/letter/z/13edae/32.png) [@Zoobi](https://boards.straightdope.com/u/Zoobi)\
**Post date:** [May 13, 2025, 8:57pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/693 "2025-05-13T20:57:36Z")

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I’m pretty pessimistic that we’ll still have birthright citizenship. I guess 4-5.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [May 13, 2025, 9:01pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/694 "2025-05-13T21:01:27Z")

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I’m guessing (hoping?) 9-0

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**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\
**Post date:** [May 13, 2025, 9:03pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/695 "2025-05-13T21:03:40Z")

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Google translate (detect language, Greek) “You are my mother, you are my pain”.  
Selecting Afrikaans (sp) gives the correct translation.

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<div class="post-metadata">

**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\
**Post date:** [May 14, 2025, 1:56am UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/696 "2025-05-14T01:56:01Z")

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Alito and Thomas have already declared _stare decisis_ dead to them in the Dobbs decision. I’m not clear why they would change their minds in this case. They have made it clear they are Trump toadies.

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [May 14, 2025, 4:52am UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/697 "2025-05-14T04:52:02Z")

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Hannah Dugan has been indicted by a grand jury. Not really surprising. What is surprising is how it took two years (more?) to indict Trump and she is indicted in two weeks? Funny how that works.

> **[Milwaukee Judge Hannah Dugan indicted by federal grand jury over ICE case](https://www.newsweek.com/milwaukee-judge-hannah-dugan-indicted-federal-grand-jury-over-ice-case-2071874)**
>
> Milwaukee County Judge Hannah Dugan was indicted over allegations that she helped an undocumented migrant evade arrest.

> A federal grand jury indicted Milwaukee County Circuit Court Judge Hannah Dugan on Tuesday after she was accused of trying to help an undocumented immigrant evade arrest by Immigration and Customs Enforcement (ICE) agents.
> 
> Dugan is charged with concealing a person from arrest and obstruction of proceedings. She could face up to six years in prison and a maximum fine of $350,000 if convicted.

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**Author:** ![DesertDog](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/desertdog/32/11503_2.png) [@DesertDog](https://boards.straightdope.com/u/DesertDog)\
**Post date:** [May 14, 2025, 5:25am UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/698 "2025-05-14T05:25:26Z")

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Protects but does not bind some, binds but does not protect the rest.

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**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\
**Post date:** [May 14, 2025, 12:32pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/699 "2025-05-14T12:32:32Z")

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> [@crowmanyclouds](#):
>
> If it isn’t upheld 9-0 then stare decisis, which is on life support after the overturning of Roe, is officially dead.

I’m so far from being a lawyer that I had to Google stare decisis (apparently it means precedent) but I don’t really see its relevance to the birthright citizenship issue, given that’s based on the Constitution.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [May 14, 2025, 1:22pm UTC](https://boards.straightdope.com/t/the-trump-deportation-news-thread/1013404/700 "2025-05-14T13:22:32Z")

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> [@Dewey\_Finn](#):
>
> I’m so far from being a lawyer that I had to Google stare decisis (apparently it means precedent) but I don’t really see its relevance to the birthright citizenship issue, given that’s based on the Constitution.

It’s based on the Constitution, yes, but there’s an argument about the exact meaning of the clause.

It’s the opening line of s 1 of the 14th Amendment that is in issue:

> 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.

It’s that phrase “and subject to the jurisdiction thereof” that Trump and Co are trying to use. The traditional understanding of the phrase is that it excludes foreign diplomatic staff, friendly visiting military delegations, etc., which is a pretty small carve-out. Everyone else who is born in the US is a citizen. That was the meaning that the SCOTUS gave to it in the case of _US v Wong Kim Ark_, way back in 1898.

Trump and Co are likely going to argue that it only applies to people whose parents are in the US lawfully, and have a lawful right of residence. That would exclude children of illegal immigrants who are born in the US.

They may go so far as to say that it doesn’t apply to people whose parents are in the US lawfully, but on temporary visas. There were some who tried to argue that Harris wasn’t a citizen, because her parents were here on student visas when she was born.

No surprise that the _Wong Kim Ark_ case involved someone who didn’t have the right skin colour. Mr Wong’s parents were in the US legally, but not themselves citizens, at the time of his birth. SCOTUS held that he was a citizen.

Trump and Co. will argue that _Wong Kim Ark_ was wrongly decided. Of course, to overturn that case (which is where _stare decisis_ comes in), they will have to argue that someone who can be detained by the US government for illegal presence in the US and forcibly deported from the US by the US government, acting under US law, is somehow not “subject to the jurisdiction” of the United States, and therefore their child is not a citizen.

And for the broader argument, they will have to argue that someone who is lawfully in the United States by virtue of a visa granted by the United States is somehow not “subject to the jurisdiction” of the United States.

They’re not trying to end birthright citizenship entirely, it sounds like, but just trying to ensure that only the right kind of babies get it.

As I understand from the news reports, it’s unlikely that the birthright issue will get adjudicated in this particular case, as it seems to be focused on the power of a District Court judge to issue a “universal injunction” - an order that doesn’t just apply in that District, but nationwide.

> **[Fourteenth Amendment to the United States Constitution](https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution)**
>
> The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederacy were required to ratif...

> **[United States v. Wong Kim Ark](https://en.wikipedia.org/wiki/United_States_v._Wong_Kim_Ark)**
>
> This is an accepted version of this page 
> 
> 
> 
> b)The phrase "subject to the jurisdiction thereof" should be interpreted "in light of the common law". United States v. Wong Kim Ark, 169 U.S. 649 (1898), is a landmark decision of the U.S. Supreme Court which held that "a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on busines...

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