Name: 特朗普終止出生公民權的戰略內幕 | WSJ (Inside Trump’s Strategy to End Birthright Citizenship | WSJ)
Uploaded: 2025-02-04T08:26:59.000Z
Duration: 6 min 32 s

President Trump's executive order to end birthright citizenship has kicked off an unprecedented legal battle over immigration policy.

特朗普總統終止出生公民權的行政命令引發了一場史無前例的移民政策法律戰。

If we lose, it means that the Constitution doesn't matter.

如果我們輸了，這意味著憲法並不重要。

Most legal scholars say the meaning of the 14th Amendment is very clear, that people born in the U.S. are citizens, regardless of the citizenship of their parents.

大多數法律學者認為，第 14 條修正案的含義非常明確，即在美國出生的人都是公民，無論其父母的國籍如何。

But that doesn't mean the Trump administration is fighting a losing battle.

但這並不意味著特朗普政府在打一場敗仗。

We'll break down the legal case surrounding birthright citizenship and the consequences of Trump's executive action.

我們將分析圍繞出生公民權的法律案件以及特朗普行政行動的後果。

Birthright citizenship was first established in 1868 by the 14th Amendment to recognize Black Americans as citizens after the Civil War.

出生公民權最早於 1868 年由第 14 修正案確立，目的是在南北戰爭後承認美國黑人為公民。

This phrase was included in the Citizenship Clause to exclude people who were essentially immune from local law and therefore were not subject to the jurisdiction of the U.S.

在公民身份條款中加入這一短語，是為了將那些基本上不受當地法律管轄、是以不受美國司法管轄的人排除在外。

Those three groups were children born to foreign diplomats who had diplomatic immunity, children born to Native Americans living on tribal lands because they were immune from state and local laws, and children born to an occupying army that had invaded the country.

這三類兒童分別是享有外交豁免權的外國外交官所生的孩子、生活在部落土地上的美國原住民所生的孩子（因為他們不受州和地方法律管轄）以及入侵該國的佔領軍所生的孩子。

This particular phrase has become the focal point of the Trump administration's legal case.

這個特殊的短語已成為特朗普政府法律案件的焦點。

Their argument is that children born to immigrants living in the U.S. legally should also be excluded from birthright citizenship.

他們的論點是，合法居住在美國的移民所生子女也應被排除在出生公民權之外。

If you're not here permanently, if you're not subject to the jurisdiction of the United States and don't plan to be, why would we make those people's children American citizens permanently?

如果你不是永久居住在這裡，如果你不受美國的管轄，也不打算受美國的管轄，我們為什麼要讓這些人的孩子永久成為美國公民呢？

For an administration that is taking a very hard line on undocumented immigrants and saying we're going to remove millions of people, to turn around and say that their children are not subject to United States jurisdiction is entirely contradictory.

對於一個對無證移民採取非常強硬立場並表示我們將驅逐數百萬人的政府來說，轉過頭來又說他們的孩子不受美國管轄，這完全是自相矛盾的。

New Jersey Attorney General Matt Plattken is leading one of several lawsuits filed against the Trump administration's executive order.

新澤西州總檢察長馬特-普拉特肯（Matt Plattken）是針對特朗普政府行政命令提起的幾起訴訟中的牽頭人之一。

They're tying themselves up in knots because they know they don't have a good legal argument.

他們自縛手腳，因為他們知道自己沒有很好的法律依據。

Advocates of birthright citizenship often cite an 1898 Supreme Court ruling that said a man born in the U.S. to Chinese immigrants was entitled to citizenship, despite his parents not being citizens.

主張出生公民權的人經常引用最高法院 1898 年的一項裁決，該裁決稱，一名中國移民在美國出生的男子有權獲得公民權，儘管他的父母不是公民。

But a few legal scholars argue that because Wong Kim Ark's parents were legal residents of the U.S., the decision didn't resolve whether the children of undocumented immigrants get citizenship.

但一些法律學者認為，由於王金櫃的父母是美國合法居民，該判決並沒有解決無證移民的子女是否可以獲得公民身份的問題。

The quote, illegal immigrant, was a concept that didn't emerge really until the early 20th century, in part because of immigration enforcement efforts at that time.

非法移民 "這一概念直到 20 世紀初才真正出現，部分原因是當時的移民執法工作。

So it wasn't a term that was openly discussed in Wong Kim Ark.

是以，《王金櫃》中並沒有公開討論過這個詞。

In his executive order, Trump declared that children won't get citizenship at birth unless at least one of their parents is a citizen or legal permanent resident.

特朗普在行政命令中宣佈，除非父母中至少有一方是公民或合法永久居民，否則兒童出生後將無法獲得公民身份。

My policy will choke off a major incentive for continued illegal immigration, deter more migrants from coming, and encourage many of the aliens Joe Biden has unlawfully let into our country to go back to their home countries.

我的政策將扼殺繼續非法移民的主要誘因，阻止更多移民前來，並鼓勵喬-拜登非法放行的許多外國人返回自己的國家。

He says the order is also meant to deter what Trump allies call birth tourism, which is when pregnant women enter the U.S. specifically to give birth so their children can have citizenship.

他說，這項命令的另一個目的是阻止特朗普盟友所說的生育旅遊，即孕婦專門進入美國分娩，以便她們的孩子能夠獲得公民身份。

If the executive order goes into effect, the federal government will stop issuing citizenship-affirming documents to children of non-citizens.

如果該行政命令生效，聯邦政府將停止向非公民子女發放公民身份確認文件。

Not just the kids born to those who are here without legal authorization, but also kids born to, say, a couple living here on student visas, or a mother who's here on an H-1B visa working for a tech company.

不僅僅是那些未經合法授權在這裡生活的人所生的孩子，也包括比如說持學生簽證在這裡生活的夫婦所生的孩子，或持 H-1B 簽證在這裡為一家科技公司工作的母親所生的孩子。

These are not children who have ties to any other country.

這些孩子與任何其他國家都沒有關係。

So what it would do is create this permanent underclass of people who are here that aren't entitled to the same health care or educational rights necessarily as American-born children.

是以，這樣做的結果就是在這裡形成一個永久性的下層社會，這些人無權享有與美國出生的兒童相同的醫療保健或教育權利。

If the executive order takes effect, local governments also stand to lose funding for federal benefit programs, where eligibility is based on Social Security numbers.

如果該行政命令生效，地方政府也將失去聯邦福利計劃的資金，而這些計劃的資格是基於社會安全號碼的。

The president doesn't have the right to change the Constitution by executive order.

總統無權通過行政命令修改憲法。

To end birthright citizenship, Trump would need either an amendment to the Constitution, which would require two-thirds of both the House and Senate and three-quarters of the states to agree, or for the Supreme Court to endorse his interpretation of the 14th Amendment, which is what the administration is banking on.

要終止出生公民權，特朗普要麼需要修改憲法，這需要參眾兩院三分之二的議員和四分之三的州同意，要麼需要最高法院認可他對第 14 條修正案的解釋，而這正是政府所指望的。

Even the Supreme Court is not going to find that the 14th Amendment doesn't say what it does.

即使是最高法院也不會認定第 14 條修正案的內容與事實不符。

In Seattle, a federal judge has already issued a temporary restraining order.

在西雅圖，一名聯邦法官已經簽發了臨時限制令。

Major blow to the new Trump administration.

Federal judge temporarily blocks President Trump's executive order ending birthright citizenship, calling it, quote, blatantly unconstitutional.

聯邦法官暫時阻止了特朗普總統終止出生公民權的行政命令，稱其 "公然違憲"。

So we can expect that within the next two weeks, he's very likely to issue a preliminary injunction.

所以我們可以預見，在接下來的兩週內，他很有可能會發布初步禁令。

Once there's a preliminary injunction, the federal government can ask the higher federal courts to block the lower federal court's order.

一旦有了初步禁令，聯邦政府就可以要求上級聯邦法院阻止下級聯邦法院的命令。

They put it before a certain judge in Seattle, I guess, right?

他們把它提交給了西雅圖的某位法官，我猜，對嗎？

And there's no surprises with that judge.

這位法官的表現不會讓人感到意外。

If they lose before the intermediate appellate courts, then they could seek emergency relief from the Supreme Court itself.

如果他們在中級上訴法院敗訴，那麼他們可以向最高法院本身尋求緊急救濟。

That's something the Trump administration did a lot the first time around.

這也是特朗普政府第一次經常做的事情。

I expect we're going to see the same approach this time.

我估計這次我們也會看到同樣的做法。

We are prepared to fight this all the way to the Supreme Court if we have to, because President Trump believes that this is a necessary step to secure our nation's borders and protect our homeland.

如果有必要，我們準備一直抗爭到最高法院，因為特朗普總統相信，這是確保國家邊境安全和保護國土的必要步驟。

If the Supreme Court blocks the preliminary injunction, the executive order would be allowed to move forward while it's being litigated.

如果最高法院阻止初步禁令，行政命令將被允許在訴訟期間繼續執行。

There were a number of Trump administration policies adopted during President Trump's first term that by the time we got to the end of President Trump's first term, they were still being litigated, although they were being enforced.

在特朗普總統的第一個任期內，特朗普政府採取了一系列政策，到特朗普總統第一個任期結束時，雖然這些政策正在執行，但仍在進行訴訟。

That's a possibility here that doesn't even require the Trump administration to win before the Supreme Court.

這種可能性甚至不需要特朗普政府在最高法院獲勝。

Most legal experts say the executive order is unlikely to take effect because it violates both the Constitution and laws passed by Congress.

大多數法律專家表示，這項行政命令不太可能生效，因為它違反了憲法和國會通過的法律。

And so you can imagine another pathway by which the administration might try to change citizenship law.

是以，你可以想象政府試圖改變公民法的另一種途徑。

I might think that this executive order is the first stepping stone towards persuading Republicans in Congress to get on board with a bill.

我可能會認為，這項行政命令是說服國會共和黨人支持法案的第一步。

With the Birthright Citizenship Act of 2025, we can solidify these reforms into lasting law.

有了《2025 年出生公民權法案》，我們就能將這些改革鞏固為持久的法律。

 It's a big deal legally with respect to birthright citizenship, but it's a bigger deal with respect to whether Americans' belief in the rule of law will be upheld.

就出生公民權而言，這在法律上是個大問題，但就美國人的法治信仰能否得到維護而言，這是個更大的問題。