invading

In an interview with the conservative law professor Josh Blackman published on Monday, Ho sketched out his excuse to repudiate birthright citizenship by framing immigrants who lack permanent legal status as “invading aliens” whose children born on U.S. soil may be denied citizenship by states and the federal government.

Congress excluded just three groups from this guarantee, each of whom fell outside the reach of American law: first, members of tribes that maintained separate sovereignty; second, foreign diplomats; and third, members of an invading army.

He assured Blackman, “Birthright citizenship obviously doesn’t apply in case of war or invasion. No one to my knowledge has ever argued that the children of invading aliens are entitled to birthright citizenship.”

He likened these “invading aliens” to “unlawful combatants” captured after 9/11.

“Everyone agrees,” Ho said, “that birthright citizenship doesn’t apply to the children of lawful combatants”—that is, alien soldiers invading the United States.