Posted on 08/17/2015 7:07:12 AM PDT by 2ndDivisionVet
and what was that junk from Napolitano about every illegal alien gets a hearing and an appeal if they are to be deported ???
Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.
The correct interpretation of the 14th Amendment is that an illegal alien mother is subject to the jurisdiction of her native country, as is her baby.
Trump cannot deport children born here Kabar....they are protected under Constitutional Law....this isn’t one of Obamas stroke of the pen deals....this is in our Constitution....they are citizens and we don’t deport American citizens. If you want that to change it will require an Amendment......
The law says ‘the baby is a full American citizen’ and so cannot be deported NOR can the ‘illegal’ parents be deported as they need to take care of the baby..... Thus creating the illegal immigrant overpopulation problem we are facing in the US.
“Thousands of pregnant women who are about to deliver come to the United States each year from countries as far away as South Korea and as near as Mexico so that they can give birth on U.S. soil.” These expectant mothers come either on legal travel visas or illegally across the border, but the purpose is always the same: “Once the child is born, they get a U.S. birth certificate and passport for the child, and their future link to this country is established and irreversible.”
The law should be changed to say if your parents are on US soil “illegally” then the baby is also born “illegal” and is not a US citizen but a citizen of the parents home country... ........this would solve the dilemma as many illegals would no longer be able to “anchor” themselves .
Unfortunately that is not the way it is being implemented under our laws.
Yeah, I know. But, this is what people think it says.
Read my above post. They are NOT protected under the 14th Amendment. That isn’t what it says.
That's why so often in these reforms they set a time-line of them being here....
So it doesn't matter what it says ....they'll simply argue it in the courts while their kids grow up and are on their own.
Absolutely and completely WRONG.
The 14th amendment specifically gives Congress the right to clarify it and many attempts to do so as regards the nationality of the children of illegal aliens born in this country have all been defeated by the Democrats and liberal Republicans.
Even Harry Reid tried it back in 1993. Bob Stump's HR 90 from 1999 sat in the docket for years.
Look it up. This is all nonsense, and granting citizenship to them was never allowed by any court or Congress, it was a unilateral direction by the State department in their passport issuance manual. THAT'S IT. There is no other law on this - the La Raza terrorists won't even try it, they know they would lose.
Don’t count your chickens before they are hatched. Illegals are citizens of other countries, and their offspring are also. Do your homework. Oh yes, anything IS possible -never doubt that. Never say never. If illegals are here - and have babies - they should be deported. In fact, once this loophole is closed, many will stop coming here. A lot cross the border for that very reason. Never say NEVER.
No, that is a common misconception. We can and have deported illegal alien parents with their US citizen children. It happens often. There is nothing stopping a parent from taking their US born minor child with them. If no suitable guardian for a child can be found or the family wants to stay together, then they leave with their parents.
A child born to illegal aliens in the United States can initiate a chain of immigration when he reaches the age of 18 and can sponsor an overseas spouse and unmarried children of his own. When he turns 21, he can also sponsor his parents and any brothers and sisters
Note the Supreme Court stated in a footnote of the 1982 Plyler v. Doe case...
.....”every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States”, and that “no plausible distinction with respect to Fourteenth Amendment ‘jurisdiction’ can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was ‘unlawful.”.....
Yet this note ‘specifically addressed children who were born outside of the United States’, and not those born to illegal alien parents within the United States. Thus, it indeed remains within the purview of Congress to act to interpret the 14th Amendment in accordance with Article I of the Constitution.
This case has to do with education - not deportation or anchor babies. It was in the state of Texas.
I’d appreciate it if you wouldn’t patronize me further or this conversation should end. There’s no reason to be condescending.....we are looking for the truth on this matter.... The truth IS despite how one wants to interpret the laws referring to children of illegals...it’s been “ freely functioning” fully with creating an anchor baby society within the US..and ‘promoted’ to do so without objection for the most part.
It has been said we’ve become a “lawless Society” which isn’t true...we have plenty of laws.....our problem is and “ENFORCEMENT” issue...not law.
Watch for The Ministry Of Propaganda go all out to try to trash Trump over this plan, which is exactly what the citizens have been clamoring for.
Both parties have been participating in preventing the citizens from getting any enforcement, border or interior.
The Cheap Labor Express is crapping their pants.....
The State Department doesn't define who is a citizen, Congress does. It is embedded in US Code. It is domestic policy. The State Department just implements part of it when issuing passports. All other entitlements like the right to vote, get welfare benefits, etc. are determined by law. The State Deprtment has nothing to do with it.
8 U.S. Code § 1401 - Nationals and citizens of United States at birth
A small number of countries practice jus soli, or citizenship by “right of soil.” Under this system, a child automatically acquires the citizenship of the country in which the birth takes place. This citizenship is generally granted without conditions, and the citizenship and immigration status of the parents is inconsequential. Only 30 of the world’s 194 countries practice jus soli. The United States is one of the few countries with this system
Eminent legal scholars and jurists, including Professor Peter Schuck of Yale Law School and U.S. Court of Appeals Judge Richard Posner, have questioned whether the 14th Amendment should be read to mandate such a permissive citizenship policy. Nevertheless, the practice has become the de facto law of the land without any input from Congress or the American public.
Advocates of maintaining this citizenship policy argue that the plain language of the Citizenship Clause of the 14th Amendment protects automatic birthright citizenship for all children born to illegal and temporary aliens. However, several legal scholars and political scientists who have delved into the history of the 14th Amendment have concluded that “subject to the jurisdiction thereof” has no plain meaning and that the executive branch’s current, broad application of the Citizenship Clause may not be warranted.
Congress can change the law, but it will no doubt be appealed to SCOTUS eventually. If SCOTUS strikes down the law, then a Constitional amendment is the only way to change it. Ireland was the last country to have birthright citizenship in Eureope. They changed it thru a constitutional amendment.
The application of Plyler v. Doe has been limited to K-12 schooling. From the ruling itself. My, my, you are touchy if someone disagrees with you, aren’t you?
If you’d been careful to read what was written you would have seen that my point wasn’t about education.....it was about the ‘need to clarify the 14 Ammendment’......using that as an example.
I guess I didn’t read it that way. So, if I misunderstood what you wrote, then we’re good. Apparently, kabar misunderstood too? What are the chances? I wasn’t being condescending, but merely clarifying what the ruling really was. You made it sound like the Supreme Court ruled on something else.
Me too!
His position paper on it has sealed my support—I even signed up this AM as a volunteer on his campaign.
In any event, it will take Congress to pass a law eliminating birthright citizenship. No doubt, it will be appealed thru the courts up to SCOTUS who will either sustain it or declare it unconstitutional. In the case of the latter, a Constitutional amendment would then be the only recourse.
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