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When a Baby Born in Australia Isn't Australian
The Atlantic ^ | October 16, 2014 6:42pm ET | POLLY MOSENDZ

Posted on 10/18/2014 1:06:04 AM PDT by blueplum

Ferouz Myuddin is an adorable 11-month-old boy who is about to get deported. Born to a Burman asylum seeker in Mater Hospital, on Australian soil, he was refused a visa because of his family's refugee status and designated an "unlawful maritime arrival." On Wednesday, a federal court upheld the decision to deny the child a visa, a ruling that could set the precedent for sending roughly 100 babies born in Australia to off-shore detention centers. :snip:

It's also important to note that just two weeks ago, Scott Morrison, Australia's immigration minister, introduced legislation that would automatically designate all babies born on the mainland to asylum-seekers as "unauthorised maritime arrivals," removing their opportunity to be represented in court. Ferouz's case might be the last of its kind.

(Excerpt) Read more at theatlantic.com ...


TOPICS: Australia/New Zealand; Culture/Society; Foreign Affairs; News/Current Events
KEYWORDS: aliens; bordercontrol; howtodoit; illegalimmigration
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"unlawful maritime arrivals" has such a polite ring to it, don't you think? Interesting comments at article mirror US issues.
1 posted on 10/18/2014 1:06:04 AM PDT by blueplum
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To: blueplum

Australia doesn’t have birthright citizenship. Why is this even an issue worthy of being the subject of an article?


2 posted on 10/18/2014 1:11:30 AM PDT by Cowboy Bob (They are called "Liberals" because the word "parasite" was already taken.)
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To: blueplum

Sanity reigns at last down under. America does not have birthright citizenship for illegal aliens, according to the proper interpretation of the 14th Amendment’s ‘jurisdiction’ clause.


3 posted on 10/18/2014 1:19:12 AM PDT by montag813
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To: GeronL

Mebey he’s native ‘murican!


4 posted on 10/18/2014 1:24:47 AM PDT by a fool in paradise (Hey Obama: If Islamic State is not Islamic, then why did you give Osama Bin Laden a muslim funeral?)
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To: Cowboy Bob

Because it is a comparison to the insanity of American laws


5 posted on 10/18/2014 1:29:21 AM PDT by ICCtheWay
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To: Cowboy Bob

Good question. A baby born in Australia is born with his or her parents’ status. So if the parents are citizens, the child is a citizen; if the parents are illegal aliens, the child is an illegal alien; if the parents are legal permanent residents, the child is a legal permanent resident. Makes sense to me.


6 posted on 10/18/2014 1:32:08 AM PDT by OldNewYork
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To: Cowboy Bob

To give Americans ideas .. like .. maybe WE should stop anchoring babies.


7 posted on 10/18/2014 1:48:36 AM PDT by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: ICCtheWay; Cowboy Bob

Exactly. Thanks, ICC. The intent is to highlight there are correct ways of controlling immigration (Australia) as opposed to the current (insane) American model which encourages anchor-baby-vacations and illegal border entry.


8 posted on 10/18/2014 1:48:54 AM PDT by blueplum
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To: montag813

America is the only nation on earth in which a foreigner can make his offspring a natural born citizen of another country. It is part of the Progressive idiocy that is killing our republic.


9 posted on 10/18/2014 1:58:54 AM PDT by Jacquerie (Article V. If not now, when?)
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To: blueplum

Thanks! I understand the point being made. I thought it was an internal argument for Australia.

BTW, can a president block birthright citizenship by “executive order?” It seems that Obama is doing everything by executive order, and Congress hasn’t said a word. Therefore, a precedent has already been made.


10 posted on 10/18/2014 2:44:55 AM PDT by Cowboy Bob (They are called "Liberals" because the word "parasite" was already taken.)
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To: OldNewYork

Common sense in action. “A baby born in Australia is born with his or her parents’ status.”

Not a little irony though in being “transported” from Oz. “Term” to be determined.


11 posted on 10/18/2014 3:13:15 AM PDT by Huaynero
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To: Jacquerie

Heck, the US can make a child a natural born citizen of two countries at once! Dual citizen at birth, and natural born citizen of the US, simultaneously.


12 posted on 10/18/2014 3:26:35 AM PDT by Cboldt
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To: Jacquerie

Nope. There are dozens and dozens of such countries, in fact almost all countries in the Americas.

http://en.wikipedia.org/wiki/Jus_soli#Unrestricted_jus_soli

The US and Canada are the only “advanced” such countries.


13 posted on 10/18/2014 3:31:57 AM PDT by Sherman Logan
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To: Jacquerie

I don’t know about other countries, but every child born in Canada regardless of parent’s status is a Canadian citizen.


14 posted on 10/18/2014 3:33:39 AM PDT by stormer
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To: OldNewYork

Do both parents need to be citizens?


15 posted on 10/18/2014 3:38:05 AM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: Sherman Logan
Worst of all, our dangerous policy was made by Scotus. There is no statute, no congressional act that established birthright citizenship for foreigners.
16 posted on 10/18/2014 3:55:06 AM PDT by Jacquerie (Article V. If not now, when?)
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To: Cboldt

Nothing new about that.

Winston Churchill’s mom was American. Under present law he would be a dual citizen of US and UK even if born in England, as long as his mother met the somewhat confusing residence requirements. I have no idea what the law was when he was born.

Had he been born in NYC rather than England, he would most certainly have been a natural-born citizen and eligible to be elected president, while at the same time being a British citizen through his father.

The US simply pays no attention to dual citizenship. It does not “recognize” it. Whatever other citizenships a person might hold makes no difference to his rights or duties as an American.

FWIW, both Washington and Madison were citizens of France.


17 posted on 10/18/2014 3:56:54 AM PDT by Sherman Logan
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To: Jacquerie

This practice is not a result of SCOTUS decision. It is simply an executive department interpretation of the law that has never been directly ruled on by the Supremes either way.

Or at least that’s my impression.

It is, BTW, quite an old interpretation.

When 14A was ratified, there were no restrictions on immigration, so there simply were no “illegal immigrants” to be excluded from citizenship.


18 posted on 10/18/2014 4:15:22 AM PDT by Sherman Logan
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To: Jacquerie

It isn’t the only country. Canada does the same thing.


19 posted on 10/18/2014 4:48:33 AM PDT by Ultima
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To: Sherman Logan

Wow. I’m surprised only Canada and America are the only advanced countries that do this.


20 posted on 10/18/2014 4:49:44 AM PDT by Ultima
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