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Texas can refuse to issue birth certificates to illegals’ parents: court
The Washington Times ^ | October 16, 2015 | Stephen Dinan

Posted on 10/16/2015 1:47:36 PM PDT by jazusamo

Mexican IDs ruled insecure documents

Texas officials may continue to refuse to issue birth certificates to illegal immigrant parents who aren’t able to show valid identification, a federal court ruled Friday, dealing a major blow to Mexican advocates who’d said the policy was in effect stripping them of citizenship.

Judge Robert L. Pitman said the Matricula Consular cards issued by Mexican consulates to their citizens in the U.S. — chiefly to those in the country illegally — aren’t secure, so Texas is able to refuse to accept them as primary identification when a parent requests a birth certificate.

The court said that could change if the challengers are able to offer more evidence, but for now the judge ruled Texas can continue to insist on secure documents, and to refuse to accept the Matricula Consular cards as primary ID.

“Although the plaintiffs have provided evidence which raises grave concerns regarding the treatment of citizen children born to immigrant parents, this case requires additional determinations which can be made only upon development and presentation of an evidentiary record which thoroughly explores the facts and circumstances of the issues raised in this case,” Judge Pitman, sitting in the U.S. District Court for the Western District of Texas, wrote in a 27-page order.

The case comes at a time when birthright citizenship — the automatic grant of American citizenship to most persons born on U.S. soil, including to illegal immigrant mothers — has become a hot political topic. The case doesn’t directly challenge that policy, though the plaintiffs said the effect of not being able to obtain their children’s birth certificates was the same as having citizenship denied.

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


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Texas
KEYWORDS: aliens; amnesty; birthcertificate; illegals; naturalborncitizen; texas
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To: MeanWestTexan

Wow. Now that’s quite a story. I hope it is all behind you now. I don’t know how people work past true unfairness like that.


21 posted on 10/16/2015 2:20:45 PM PDT by jean michael
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To: jazusamo

HAHAHAHAHAHHAHAHAHA

Oh too bad another illegal gets told NO


22 posted on 10/16/2015 2:22:55 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: jazusamo; All
Thank you for referencing that article jazusamo. As usual, please bear in mind that the following critique is directed at the article and not at you.

Hypothetically speaking, even if all legal voters in the USA supported the idea of automatic citizenship for anchor babies, based on the intentions of the proposers of the 14th Amendment as indicated by the congressional record, if neither parent of a baby born in the USA is a USA citizen then their USA-born child is likewise not a USA citizen.

Thanks to Mark Levin, below are excerpts from the congressional record which show this. The first excerpt is the clarification of the 14th Amendment’s jurisdiction clause by post-Civil War Senator Jacob Howard.

"The first amendment is to section one, declaring that “all persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside.” I do not propose to say anything on that subject except that the question of citizenship has been so fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that 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 [emphases added], 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.” — Senator Jacob Howard, Congressional Globe, 1774 - 1875 Congressional Globe, Senate, 39th Congress, 1st Session.

And to clear up any confusion about “foreigners” and “aliens” in the excerpt above being used to describe the family members of ambassadors or foreign ministers, the excerpt below is another official perspective on what the 14th Amendment’s jurisdiction clause means.

"Of course my opinion is not any better than that of any other member of the Senate; but it is very clear to me that there is nothing whatever in the suggestions of the Senator from Wisconsin. The provision is, that “ all persons born in the United States, and subject to the jurisdiction thereof, are citizens.” That means “subject to the complete jurisdiction thereof.” Now, does the Senator from Wisconsin pretend to say that the Navajo Indians are subject to the Complete jurisdiction of the United States? What do we mean by “subject to the jurisdiction of the United States?” Not owing allegiance to anybody else. That is what it means. [emphases added] Can you sue a Navajo Indian in court? Are they in any sense subject to the complete jurisdiction of the United States? By no means. We make …” — Senator Lyman Trumbull, Congressional Globe, 1774 - 1875 Congressional Globe, Senate, 39th Congress, 1st Session. (See middle of first column.)

The reason that there’s so much confusion about the 14th Amendment’s jurisdiction clause imo, is because activist justices twisted the intentions of the drafters of that amendment when they decided the case of United States v. Wong Kim Ark in his favor.

23 posted on 10/16/2015 2:37:51 PM PDT by Amendment10
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To: jazusamo
Texas can refuse to issue birth certificates to illegals’ parents: court

Well this is some good news for a change. Texas should ramp this up to the hilt. Make it precedent, and urge other states to adopt the same policy. Get as many done as possible so as to make it as difficult as possible to reverse.

24 posted on 10/16/2015 2:45:44 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: jazusamo; 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; ...
Ping!

Click the keyword Aliens to see more illegal alien, border security, and other related threads.

25 posted on 10/16/2015 2:48:19 PM PDT by HiJinx ("Man rides the ocean of history and does what he can to weather its storms.")
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To: Lurking Libertarian
We are talking here about children born in the U.S. to illegal immigrant parents. Under the current statute, those children are U.S. citizens.

There may be some debate about whether the 14th Amendment requires that result or not, but until Congress changes the law, we will never know. Under current law, those children are U.S. citizens.

This was never the intended outcome of the 14th amendment, and we should not constantly assert that the law says it is. Every time the topic comes up we need to assert that it is a deliberate abuse and misreading of the 14th amendment, and we need to keep saying it often.

My tagline is from John Bingham's words on the topic. Allowing the children of illegals to acquire citizenship is not only incredibly stupid, it is an assault on the constitution itself.

26 posted on 10/16/2015 2:52:12 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: Lurking Libertarian

There is no statute giving these children citizenship, only some contorted reasoning in a footnote by some S/C justice circa 1980s. Sorry, I am so fuzzy on the details, we both should look this up.


27 posted on 10/16/2015 3:00:11 PM PDT by erkelly
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To: erkelly
There is no statute giving these children citizenship, only some contorted reasoning in a footnote by some S/C justice circa 1980s.

The current statute (8 U.S.C. 1401) tracks the language of the 14th Amendment, but it has been interpreted by every administration, Republican and Democrat, since at least the 1920s, to grant citizenship to children born here of illegal alien parents.

28 posted on 10/16/2015 3:10:15 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: umgud

I agree .. and I’ve put it on my prayer list.


29 posted on 10/16/2015 3:11:46 PM PDT by CyberAnt ("The fields are white unto Harvest")
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To: DiogenesLamp

Totally agree. If the states would get together on this and other issues like the sanctuary city fiasco and enforce existing law it would at least make difficult for illegals to live here.


30 posted on 10/16/2015 3:14:45 PM PDT by jazusamo (0bama to go 'full-Mussolini' after elections: Mark Levin....and the turkey has.)
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To: jazusamo

F these illegal alien invaders. Serves them right! Don’t give them any papers etc.


31 posted on 10/16/2015 3:58:25 PM PDT by dennisw (The first principle is to find out who you are then you can achieve anything -- Buddhist monk)
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To: erkelly

Plyler v. Doe


32 posted on 10/16/2015 4:06:03 PM PDT by Cboldt
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To: jazusamo

True. Obama and pals want Texas to be easy to vote in for illegals so they can make Texas a win for the Clinton in the 2016 Pres election. They will fight picture ID’s too.


33 posted on 10/16/2015 4:15:34 PM PDT by Lumper20 ( clown in Chief has own Gov employees Gestapo)
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To: DiogenesLamp

Cruz apparently disagrees on this.
https://www.youtube.com/watch?v=5ab7XPocA0Y


34 posted on 10/16/2015 5:03:07 PM PDT by magna carta
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To: magna carta
Cruz apparently disagrees on this. https://www.youtube.com/watch?v=5ab7XPocA0Y

Being very intelligent and well educated is not proof against being wrong.

I'm pretty sure I and others have studied this issue far more deeply than has Ted Cruz, or for that matter, the vast bulk of the legal community which feels the need to opine on the topic.

35 posted on 10/16/2015 7:42:18 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: HiJinx

Thanks for the ping.


36 posted on 10/17/2015 8:24:08 AM PDT by GOPJ (Democrats want gun legislation? Fine. Pass a Bill outlawing 'gun free' zones.)
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To: Amendment10; Milton Miteybad; Lurking Libertarian
A sworn affidavit by Mexico’s consul general to a Texas court admits that Mexico’s official policy is to encourage its poor people to migrate here illegally in order to access the US’s generous welfare system......declaring that “Mexico is responsible to protect its nationals wherever they may be residing.”

This explosive document filed in Texas by the government of Mexico adds fuel to the debate touched off by Donald Trump.....

THE MONEY QUOTE A footnote states that “Mexican nationality is granted to children born abroad of a Mexican born parent.” IOW, anchor babies born in the US retain their parents’ Mexican nationality.

A sworn affidavit by Mexico’s consul general admits that Mexico’s official policy is to encourage its poor people to migrate here illegally in order to access the US’s generous welfare system......declaring that “Mexico is responsible to protect its nationals wherever they may be residing,”

The Mexican consul’s sworn testimony asserts that “My responsibilities in this position include protecting the rights and promoting the interests of my fellow Mexican nationals” and “The main responsibility of consulates is to provide services, assistance, and protection to nationals abroad.”

Ergo, Mexico’s assertion of continuing jurisdiction over its “nationals abroad,” is inconsistent with any claim to automatic US citizenship merely by reason of birth on US soil.

=====================================================

MEXICO IS SLOBBERING AT THE US PUBLIC TROUGH The "impoverished" Mexicans here send BILLIONS of US tax dollars collected under multiple identities BACK to Mexico. The federales are getting a huge cut of that. Prolly Mexico also gets a fee for letting other countries use their border as a gathering place to slither into the US.

=====================================================

Trump accurately tells Americans oil-rich Mexcio is ripping us off royally......and is pocketing billions from deal after deal. This is in addition to millions in US foreign aid to "help" them w/ then the drug cartel problem.

======================================================

NOW GIMMEE THIS AGAIN Mexico's official policy is to send their impoverished classes over the border to ride the US gravy train...but declares that “Mexico is responsible to protect its nationals wherever they may be residing.”

OK....comprende, amigo.

Now tally up the welfare bill and send it to Mexico.

37 posted on 10/18/2015 5:34:39 AM PDT by Liz
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To: jazusamo

What’s worse, the lady got zero punishment for lying.

I remember, in one hearing regarding child support, the bitch clerk who worked for the Attorney General, told me smugly, “ I hope you brought your toothbrush because you’re going to prison for non-support.”

Again, for a child I did not father.

A child whose mother I have, to this date, never met.

After humiliating the attorney general in court, the bitch would not even look at me, let alone apologize.

I feel for men legitimately trapped in the family law court system. It is 100% stacked against them. I bore the burden to prove the child was not mine.

All it took was one welfare recipient to write my name on a piece of paper.


38 posted on 01/20/2016 11:45:49 AM PST by MeanWestTexan (Beware Obama's Reichstag Fire.)
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