Native Americans were given U.S. citizenship in 1924. The Justice Department has cited their status as a legal analogy to justify Trump’s executive order in court. Arguing that “birth in the United States does not by itself entitle a person to citizenship, the person must also be ‘subject to the jurisdiction’ of the United States.” … “It’s not a valid comparison,” said Leo Chavez, a professor and author at the University of California, Irvine, who studies international migration. “It’s using the heat of race to make a political argument rather than a legal argument.”

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