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To: SolidSupplySide

-----"Virginia Kice, a spokeswoman for Immigration and Customs Enforcement, said the U.S. Constitution's definition of citizen is very clear.

"All persons born or naturalized in the United States" are considered citizens under the 14th Amendment. "-----

Well the Amendment goes on to mention something about 'being subject to the jurisdiction thereof'; so one could make the argument that children born to illegal aliens shouldn't get automatic citizenship because as a child of a foreign national it is not subject to US jurisdiction. Of course no one is going to make that argument in this politically correct age, but it could be done.

And it should be done, or even better a new Amendement should be passed to make it clear that only children born to citizens and people here legally are automatic citizens. The framers of the 14th Amendment could never have foreseen the advent of massive illegal immigration and the perversion of the citizenship clause. It was never meant to reward illegal immigration.


13 posted on 07/27/2004 3:51:35 PM PDT by Aetius
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To: Aetius
Well the Amendment goes on to mention something about 'being subject to the jurisdiction thereof'; so one could make the argument that children born to illegal aliens shouldn't get automatic citizenship because as a child of a foreign national it is not subject to US jurisdiction. Of course no one is going to make that argument in this politically correct age, but it could be done.

Illegal aliens are "subject to the jurisdiction" of the U.S.-- that's why they can be prosecuted for illegal entry. The Supreme Court, in the Wong Kim Ark case (about 1880, IIRC) said anyone born here is a citizen, except for children of foreign diplomats who have diplomatic immunity. (I agree that illegal immigration wasn't something they were thinking about when they passed the 14th Amendment, but the rule is nonetheless there.)

23 posted on 07/27/2004 4:02:59 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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