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To: Mr Rogers
www.fas.org/sgp/crs/misc/RL33079.pdf

....The federal courts arguably support an interpretation of the Constitution that would foil those who attempt to gain an immigration advantage by breaking U.S. laws, although Wong Kim Ark made no distinction between lawfully and unlawfully present alien parents, nor between legal resident and nonimmigrant aliens. However, the Wong Kim Ark Court did not have to make such distinctions, because Wong’s parents were legal resident aliens.

Federal appellate courts have upheld the refusal by the immigration enforcement authorities to stay the deportation of unauthorized aliens merely on the grounds that they have U.S.-citizen, minor children, because to do so would be unfairly to grant an advantage to aliens who successfully flouted U.S. immigration laws long enough to have a child born in the United States over those aliens who followed the law, and would turn the immigration statute on its head.98

Although the mere fact of the existence of U.S.-citizen, minor children would not be sufficient to prevent the deportation of unauthorized alien parents, extreme hardship to the children caused by the deportation of the parents is a factor to be considered in the discretionary suspension of deportation.99 The United States Supreme Court has upheld the discretion of the Attorney General and the immigration cases involving the deportation of unauthorized aliens simply take for granted that their U.S.-born children are U.S. citizens in considering whether the existence of extreme hardship to U.S.- citizen, minor children should stay the deportation of the parents.110 This is true regardless of whether the children were born during the period of any lawful stay by the parents, during the period of any unlawful stay, or after an immigration court’s finding of deportability of the parents.

However, some scholars argue that the Citizenship Clause of the Fourteenth Amendment should not apply to the children of unauthorized aliens because the problem of unauthorized aliens did not exist at the time the Fourteenth Amendment was considered in Congress and ratified by the states.111 Although the Elk decision construed the phrase, “subject to the jurisdiction thereof,” the situation of Native Americans is unique, so any interpretation that the U.S.-born children of unauthorized aliens are not born “subject to the jurisdiction” of the United States arguably could not rely on the Elk decision.

I suggest you read up on Statutory Interpretation...to allow children of illegal aliens or of temporary visitors to become President of the United States would be absurd and make a mockery of our Constitution and Sovereignty. The result is to reward illegal behavior or casual travel without permanent allegiance with the highest office in the land. Any interpretation of NBC for one purpose could very well be different for Presidential Eligibility, which was not addressed in your cases. You do know know the Pledge of Allegiance don't you? See the Golden Rule, Mischief Rule The Purposive Rule ETC. Stick to flying Airplanes, Law is not your bailiwick.

58 posted on 10/23/2011 7:29:45 PM PDT by rolling_stone
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To: rolling_stone

What does any of that have to do with the Presidency?

Do you believe Obama’s father was here illegally? Was his mother here illegally?

WKA discussed at length what was meant by ‘under the jurisdiction’. Read it.


59 posted on 10/23/2011 7:36:40 PM PDT by Mr Rogers ("they found themselves made strangers in their own country")
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