Can we please stop with the sky is falling bullshit.

[Wiz Imp]

123. This statement is from a November 11 interview Ho gave, published in Reason Magazine.

Note, he totally contradicted positions he himself has advocated for in the past.

https://www.latimes.com/business/story/2025-01-24/column-a-trump-judge-dropped-his-unwavering-support-for-birthright-citizenship-to-conform-to-trumps-view

In his 2006 article, titled “Defining ‘American,’” Ho focused specifically and at length on the argument that children of undocumented immigrants aren’t entitled to birthright citizenship. Birthright citizenship, he wrote, “is protected no less for children of undocumented persons than for descendants of Mayflower passengers.”

Ho dismissed the assertion by critics of birthright citizenship that the phrase “subject to the jurisdiction” excludes those who are in the U.S. illegally.” Even they, he wrote, are subject to the authority of the U.S. government, and therefore covered by the citizenship clause. He endorsed the most common interpretation, which is that the “jurisdiction” clause excludes only the children of diplomats serving their home countries in the U.S., and enemy combatants on U.S. soil. Instead, he wrote, the citizenship clause “covers the vast majority of lawful and unlawful aliens.”

Ho wrote again on birthright citizenship in a Jan. 5, 2011, op-ed in the Wall Street Journal. In that article, Ho reviewed the long history of legal and judicial support for the broad reach of birthright citizenship. As I reported this week, that included an 1898 Supreme Court decision upholding the citizenship of an American citizen of Chinese extraction, and Supreme Court rulings in 1982 and 1985 in which the court “unanimously agreed that a child born to an undocumented immigrant was in fact a U.S. citizen,” as Ho wrote.

Now let’s fast-forward to Nov. 11, days after Trump’s reelection victory. In an interview published by Reason Magazine that Ho gave to conservative lawyer Josh Blackman — who himself supports birthright citizenship for children of undocumented immigrants — Ho backtracked.

That's where he made the statement about "war or invasion".

As for him trying to paint this as a case of invading aliens not being subject to Birthright Citizenship:

In a 1996 case, a federal appeals court panel ruled that for a state to claim it’s being invaded, “it must be exposed to armed hostility from another political entity, such as another state or foreign country that is intending to overthrow the state’s government”—not a flow of individuals seeking jobs.

For a sitting judge to make the argument he made in that interview is not only shameful, it is so lacking in any legitimate legal basis, it should get him thrown off the bench