Posted on 08/01/2015 12:29:36 AM PDT by KGeorge
''SAN ANTONIO - A group of South Texas parents say they are being denied their children's birth certificates.
The allegation from 17 families has resulted in a lawsuit against the Texas Department of State Health Services filed by the Texas Rio Grande Legal Aide and the South Texas Civil Rights Project.
TRLA is representing 19 adults from Cameron, Hidalgo and Starr counties while the TCRP is representing the 23 children, according to court documents.
"It is absolutely illegal. The federal government Constitution says anyone born within the U.S is entitled to privileges and immunities of U.S citizenship," TCRP senior attorney Efren Olivares said. "The most fundamental privilege of being a U.S citizen is a U.S. birth certificate."'' ------
''without a proper birth certificate the children can't receive Medicaid benefits, enroll in school or be baptized by the Catholic Church. Olivares confirms a lot of the children involved have disabilities and need special services.''
(Excerpt) Read more at ksat.com ...
They are illegals, deport them and the anchor. We do not honor lawlessness.
If they are illegals, they are not “born” in the United States because they are not legally here. They have no right to a birth certificate.
the family can drop the children off at DHS and leave the united states....DHS in reality should have to detain any illegal that comes in for deportation back to country of origin
Since foreign governments argue that their citizens in our country are subject to their jurisdiction and not ours, it is reasonable to treat illegals and their anchor babies as "not subject to the jurisdiction thereof" and thus not citizens.
You would think. Most probably, a majority of our Border Patrol actually agrees, too. Yet, see Pollster1’s link. This is the fly in our ointment. For all intents & purposes, it’s a ‘’loophole’’ exploited by foreign nationals and for political & economic expedience.
‘’AMENDMENT XIV
Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
Section 1.
All persons born
’’
When the 14th amendment was written, I doubt that the authors imagined that women would intentionally come here to give birth for the purpose of securing financial benefits & flouting immigration law. It’s practically extortion.
Can an Article V convention be used to ‘patch’ this? Because there’s no way any modern Congress is going to repeal it, apparently.
I posted this to illustrate the arrogance & entitlement mentality of the people invading our country and the legal & political systems which enable them.
This is what we’re up against.
Can you imagine the s#itstorm from the left that would happen if we tried to do that?
We would still have to find homes for these children, which may or may not be so easy to do. And there are all the complications of relinquishing parental rights, etc.
They should, but a baby won’t wait. There’s probably no way to get them out of the country fast enough to avoid it- especially if the woman has been here illegally & undetected.
I am no legal scholar, but isn’t the only way to end this by repealing the 14th amendment & replacing it with one whose language *does not* grant citizenship to children born to foreign nationals on American soil? This would be possible even if those born up until a certain date were ‘’grandfathered’’ in. Why hasn’t it been done? It is equally important to securing the border or even a change that could theoretically happen beforehand.
How can we deny (I mean this in such a way that it would be impervious to a court challenge) financial assistance et al unless we eliminate ‘’birthright citizenship’’?
Even if the infant was deported with it’s parent(s), it would only be kicking the can down the road until they were old enough to come back on their own.
The problem lies in the wording of the amendment (Section 1.)
I think that’s true as far as extradition is concerned, but if you or I commit a crime in another country (including illegal entry- most especially in Mexico), that government could & would prosecute us, as we should do with foreign nationals. We would go to jail like the Marine in Mexico or the Americans still held in Iran.
I’m afraid they’ve got us on this one unless & until we change the wording/ provisions of the 14th amendment. The 64 million dollar question is how do we get Congress to do that, a president who will sign it (or be overridden), 2/3 of the states to ratify it & the SCOTUS (because it WILL be challenged- probably repeatedly- by the left) to uphold it.
(I see where you’re going with “and subject to the jurisdiction thereof’’, Pollster1. They are ‘’subject to US jurisdiction’’ because they are physically present on our soil. That’s why they have been & sometimes are, arrested for crimes committed here. That stopped happening because we have a president who is willing to break the law, himself. Our laws were not applied equally (’’diplomatic immunity’’) before that.
If the words ‘’all persons born’’ were stricken from this amendment, we might not be having so much difficulty. Of course, that’s hypothetical. I imagine we still would be. Invaders don’t care whether what they’re doing is illegal or not.)
In this case, it’s Mexican nationals (as far as I can tell), but it applies to any foreign national attempting to secure (by giving birth) sanction & financial support in this country.
Mexican slaves..... so when did we emanicipate them so the 13th and 14th could be used to give them citizenship....?
Oh you mean illegal alien trespassing lawbreakers..... screw em....
It would seem to me the birth certificates belong to the one who was birthed. No one is denying them the report of birth a hospital issues to the parents (who in turn usually use that to get a birth certificate).
They’re being denied their child’s birth certificates from the state because they won’t present valid identification, said identification NOT being a frigging Mexican Consular ID card/ whatever.
Go home to Mexico and get the original documents and/or certified copies and Texas will give you the birth certificate for your anchor baby. Otherwise, your child can get it when he’s 18, or a real “legal” guardian for the child can apply for it. IOW SCREW YOU!
Unless their parents picked cotton for “masta” they have no right of citizenship if both parents were illegal trespassing aliens....
Citizen by birth should only apply as long as one parent is legal resident and the other parent is an actual citizen. If one or more parents are illegal alien trespassers then no dice.
“Absolutely illegal”. See? SOMETIMES the law seems to matter. How ‘bout that...
The parents are most likely illegal aliens.
And they dare whine about “illegality” of anything?
They should just go home!
This has to stop
PING
The words, “subject to the jurisdiction of the US” is the key.
The federal laws can meet this criteria and the law that rejects the anchor baby scams, illegal invasions, would be the solution.
the Chinese have had their own “maternity hotels.” Hope the next president closes this loophole.
http://www.foxnews.com/us/2012/12/02/chinese-maternity-hotel-sparks-outrage-in-california-suburb/
“It is absolutely illegal. The federal government Constitution says anyone born within the U.S is entitled to privileges and immunities of U.S citizenship,” TCRP senior attorney Efren Olivares said
Searched our US Constitution and could not find the wording in there.
Surely this Effing Lawyer is not lying about this... /sarc
These are not “Texas families”.
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