Normally, this would be obvious. But, 60 days ago, literally nobody was suggesting we change the name of the Gulf of Mexico to the Gulf of America. Nobody was suggesting annexing Canada. Nobody was suggesting we annex Greenland. All it takes is a mere utterance, by the right( or wrong) person, and lo and behold, people will scream in support of deporting Native Americans.
Are are aware that although they weren't considered citizens under the 14th Amendment Native Americans are considered US Citizens pursuant to the Indian Citizenship Act of 1924? They are citizens the same as anyone else born on US soil and subject to the jurisdiction of the United States.
are you talking to me? if so... yes. 100% of everyone knows that Native Americans are American citizens, and I'm not aware of anyone seriously suggesting otherwise.
a question is not an Ad hominem attack. You completely mis-interpreted my tongue-in-cheek reply to an asinine leap of logic. As I said: "100% of everyone knows that Native Americans are American citizens" and "literally nobody is suggesting deporting Native Americans" If you want to argue that the Justice Department is arguing otherwise based upon something reported in a Salon article, you go ahead with that.
Well, let me introduce you to the Trump administration in court: Birthright citizenship of Native Americans questioned by Trump administration | Juneau Empire That is their argument.
Indian tribes are subject to Federal law so I don't see that argument going anywhere. If you are a non Indian citizen and commit a crime on tribal land you are not subject to the state authorities but go to federal custody. I saw a guy come into a local casino, get drunk, start a fight and the tribal police showed up. He made some wisecrack about getting out of the local jail in a few minutes and the tribal police, sorry bud but you are going into federal custody and will appear before a federal judge. It was an Oh shit moment for that guy.
They are citing this law to try to explain why children of immigrants shouldn’t be birthright citizens. Basically, “well those Indians weren’t treated as equals based on this 1866 law so children of immigrants shouldn’t be today either - because tribal affiliation”. The obvious flaw in this is many of these kids have *zero* affiliation to the country of their parents. They are documented U.S. citizens, zero affiliation to another country or tribe. When the parents flee they typically don’t go back. The argument maybe has some validity for people truly doing “birth tourism” where they came just for citizenship and then went back (I’ve heard of some wealthy Chinese nationals doing that).
Oh? Here is a direct quote from their brief: It is taken from a 19th Century case. Seems like an argument that Native Americans that are members of tribes are not automatically citizens.
BTW, they have also started detaining Navajo people in Arizona. Reports of Navajo people being detained in immigration sweeps sparks concern from tribal leaders