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To: Spunky

A little info on the courts and anchor babies.....

Immigration status

The Citizenship Clause of the Fourteenth Amendment to the United States Constitution indicates that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The Supreme Court of the United States affirmed in United States v. Wong Kim Ark, 169 U.S. 649 (1898),[a] that the Fourteenth Amendment guarantees citizenship for nearly all individuals born in the United States, provided that their parents are foreign citizens, have permanent domicile status in the United States, and are engaging in business in the United States except performing in a diplomatic or official capacity of a foreign power.[27][28][29][30][31][32][33]

Most constitutional scholars agree that the 14th Amendment of the U.S. Constitution provides birthright citizenship even to those born in the United States to illegal immigrants.[27][34][35][36][37] Edward Erler, writing for the Claremont Institute in 2007, said that since the Wong Kim Ark case dealt with someone whose parents were in the United States legally, it provides no valid basis under the 14th Amendment for the practice of granting citizenship to U.S.-born children of illegal immigrants. He goes on to argue that if governmental permission for parental entry is a necessary requirement for bestowal of birthright citizenship, then children of undocumented immigrants must surely be excluded from citizenship.[38]

However, in Plyler v. Doe, 457 U.S. 202 (1982),[b] a case involving educational entitlements for children in the United States unlawfully, Justice Brennan, writing for a five-to-four majority, held that such persons were subject to the jurisdiction of the United States and thus protected by its laws. In a footnote, he observed, “no plausible distinction with respect to Fourteenth Amendment ‘jurisdiction’ can be drawn between resident immigrants whose entry into the United States was lawful, and resident immigrants whose entry was unlawful.”[27][31][39] In 2006 judge James Chiun-Yue Ho, who President Donald Trump would later appoint to the United States Court of Appeals for the Fifth Circuit, wrote in a law review article that with the Plyler decision “any doubt was put to rest” whether the 1898 Wong Kim Ark decision applied to illegal aliens because “all nine justices agreed that the Equal Protection Clause protects legal and illegal aliens alike. And all nine reached that conclusion precisely because illegal aliens are ‘subject to the jurisdiction’ of the U.S., no less than legal aliens and U.S. citizens.”[31][37]

Statistics show that a significant, and rising, number of undocumented immigrants are having children in the United States, but there is mixed evidence that acquiring citizenship for the parents is their goal.[29] According to PolitiFact, the immigration benefits of having a child born in the United States are limited. Citizen children cannot sponsor parents for entry into the country until they are 21 years of age, and if the parent had ever been in the country illegally, they would have to show they had left and not returned for at least ten years; however, pregnant and nursing mothers could receive food vouchers through the federal WIC (Women, Infants and Children) program and enroll the children in Medicaid.[29]

Parents of citizen children who have been in the country for ten years or more can also apply for relief from deportation, though only 4,000 persons a year can receive relief status; as such, according to PolitFact, having a child in order to gain citizenship for the parents is “an extremely long-term, and uncertain, process.”[29] Approximately 88,000 legal-resident parents of US citizen children were deported in the 2000s, most for minor criminal convictions.[40]

https://en.wikipedia.org/wiki/Anchor_baby


4,521 posted on 05/30/2023 11:43:33 AM PDT by Lakeside Granny (Vote RED~R.emove E.very D.emocrat~D&S)
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To: Lakeside Granny

“there is mixed evidence that acquiring citizenship for the parents is their goal.[29] According to PolitiFact, the immigration benefits of having a child born in the United States are limited.”

Not true. When I was growing up in El Paso teenage girls would come over to have their babies and then live on welfare here. And that was a long time ago when people were more conservative. Now I’m sure they get much more.


4,526 posted on 05/30/2023 12:44:55 PM PDT by CottonBall (“Fascism should be called corporatism because it is a merger of state & corporate power" – Mussolini)
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To: Lakeside Granny

Thanks!


4,527 posted on 05/30/2023 12:56:35 PM PDT by Spunky (Praise the Lord for all things.)
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