The community note makes exactly the point the Trump DOJ cannot and did not make — that a statute clearly gave Native Americans citizenship. Why didnt DOJ make what on its surface looks like a good point? Well, because a statute also gave aliens born in the US citizenship! In defining those who are “nationals and citizens of the United States at birth,” 8 U.S.C. § 1401 says it is “a person born in the United States, and subject to the jurisdiction thereof.” If you take the position of the community note (which notably doesn’t even begin to defend the idea for what were the closest analog to aliens today, so-called “assimilated” native Americans) then you just confirm the illegality of Trump’s Executive Order. That’s why DOJ can’t say any of it and instead has the bizarre discussion excerpted above.

This is quite incredible. The US Justice Dept, under Trump, is defending its birthright citizenship Order by arguing that immigrant children covered by the Order cannot be citizens because... the children of Native Americans aren't US citizens.