Posted on 08/13/2020 5:52:25 AM PDT by Lower55
8 FAM 301.1-1
c. Naturalization – Acquisition of U.S. Citizenship Subsequent to Birth: Naturalization is “the conferring of nationality of a State upon a person after birth, by any means whatsoever” (INA 101(a)(23) (8 U.S.C. 1101(a)(23)) or conferring of citizenship upon a person (see INA 310, 8 U.S.C. 1421 and INA 311, 8 U.S.C. 1422). Naturalization can be granted automatically or pursuant to an application. (See 7 FAM 1140.)
Perhaps you should be the one reading the law instead of telling others to do so.
Reading is not sufficient. Comprehension is what matters. Nothing in your quote supports what you said. It's talking about naturalization after birth and what CAN happen. But a child born in the US isn't naturalized at any time. It is a citizen at birth.
Under what mechanism?
Congress only has the power to grant citizenship to aliens and foreigners. How ignorant you are! You didn't think that through, did you.You cite laws that grant citizenship. A natural born citizen needs no such grant of citizenship as it is inherent at birth and is inalienable.
I do not "cite" laws. I cite, link and quote laws. They are real and actually exist, unlike the birther crap that you reference. You reference things like Title 8 without specifying, much less linking or quoting to any specific section of the title.
You really are totally ignorant of the law. Congress was granted the power to establish a uniform rule of naturalization. Art. 1, Sec. 8, Cl 4.
The only ones eligible for naturalization are aliens physically present in the country. Anyone not an alien is a citizen. Defining who are aliens inevitably means defining who are citizens. Defining one defines the other. You didn't think that through, did you? I do hope the logic of that is not too difficult for a birther to follow.
TWO parents, both ALIENS. Their child is an alien at birth and is also, at birth, granted U.S. citizenship under USC 8 and is thereafter considered as a citizen entitled to all rights and protection under the law as a natural born citizen.
You do not, and cannot, link, cite and quote any part of 8 U.S.C. which supports your birther blather.
https://www.law.cornell.edu/uscode/text/8/1401
8 U.S. Code § 1401 - Nationals and citizens of United States at birthThe following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
[...]
alien. Someone who resides within the borders of a countyry but is not a citizen or subject of that country; a person not owing allegiance to a particulazr contry. • In the United States, an alien is a person who was born outside the jurisdiction of the United States, who is subject to some foreign government, and who has not been naturalized under U.S. law.
Black's Law Dictionary, 11th ed.
Citizenship at birth of those born within the territory and jurisdiction of the United States is controlled by the Constitution, Amendment 14. If you could find a statute to contradict the Constitution, it would be unconstitutional.
But please do cite your imaginary statutory provision which amends the Constitution.
However, that citizen cannot ever, by the very laws you cite, be considered a natural born citizen as Congress can only, Constitutionally, pass laws (rules) that govern aliens and foreigners.
Are you insane? Do you really believe Congress can only, constitutionally, pass laws that govern aliens and foreigners. Who do you think passes all the federal laws that govern Americans?
Citizenship at birth of those born within the territory and jurisdiction of the United States is controlled by the Constitution, Amendment 14. Statute laws conform to and implement the constitutional provision in Amendment 14 which states that all persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States. Such persons are born as citizens and are not eligible for naturalization. A citizen cannot be naturalized and transformed into a citizen.
...and is thereafter considered as a citizen entitled to all rights and protection under the law as a natural born citizen.Allow me to extend my remarks...
...and is thereafter considered as a citizen entitled to all rights and protection under the law as a natural born citizen with the exception of holding the office of POTUS and VPOTUS.
Birther blather is not law. Making shit up is the birther way. That make believe crap is 0-226 in court.
Quote the POTUS and VPOTUS exceptions in Amendment 14 or 8 United States Code.
Their child is an alien at birth and is also, at birth, granted U.S. citizenship under USC 8...
And you are just spewing crap. Cite and quote the provision of 8 U.S.C. which states that ridiculous nonsense.
Citizenship at birth of those born within the territory and jurisdiction of the United States is controlled by the Constitution, Amendment 14. Statute laws conform to and implement the constitutional provision in Amendment 14 which states that all persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States. Such persons are born as citizens and are not eligible for naturalization. A citizen cannot be naturalized and transformed into a citizen.
alien. Someone who resides within the borders of a countyry but is not a citizen or subject of that country; a person not owing allegiance to a particulazr contry. • In the United States, an alien is a person who was born outside the jurisdiction of the United States, who is subject to some foreign government, and who has not been naturalized under U.S. law.
Black's Law Dictionary, 11th ed.
https://www.law.cornell.edu/uscode/text/8/1401
8 U.S. Code § 1401 - Nationals and citizens of United States at birthThe following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
[...]
The child is born and for a split second its status as an alien is inherent until further action is taken.
The child is a U.S. citizen at birth. Amendment 14. Cite the Amendment 14 or 8 U.S. Code provision about the split second.
The very moment after that split second, their birth citizenship is granted via USC 8 with no naturalization process being necessary like it would be with an adult or child immigrating, thus changing its status from what it was previously.
Cite and quote the imaginary part of 8 U.S.C. to which you refer.
Presto Chango! One alien child converted into a U.S citizen simply because they were born on U.S soil and because of existing legislation.
Imaginary birther legislation does not count. Only the real kind, that can be linked, cited and quoted counts.
Your imaginary crap only exists in your birther world. Trying that crap in court has gone 0-226 and led to sanctions for frivolous filing.
A whole bunch of yada, yada, yada blather that avoids the fact that you use USC 8 to satisfy your view on the issue of natural born citizen when it is plainly evident that Congress can only pass naturalization laws (USC 8) which govern only aliens and foreigners.[...] See, I know that your FAM 8 is nothing more than USC 8 rewritten.
You apparently do not know the definition of alien. Let me help.
alien. Someone who resides within the borders of a countyry but is not a citizen or subject of that country; a person not owing allegiance to a particular contry. • In the United States, an alien is a person who was born outside the jurisdiction of the United States, who is subject to some foreign government, and who has not been naturalized under U.S. law.
Black's Law Dictionary, 11th ed.
Try reading 8 U.S.C. §1401 for the first time.
https://www.law.cornell.edu/uscode/text/8/1401
8 U.S. Code § 1401 - Nationals and citizens of United States at birthThe following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.
(June 27, 1952, ch. 477, title III, ch. 1, §?301, 66 Stat. 235; Pub. L. 89–770, Nov. 6, 1966, 80 Stat. 1322; Pub. L. 92–584, §§?1, 3, Oct. 27, 1972, 86 Stat. 1289; Pub. L. 95–432, §§?1, 3, Oct. 10, 1978, 92 Stat. 1046; Pub. L. 99–653, §?12, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 103–416, title I, §?101(a), Oct. 25, 1994, 108 Stat. 4306.)
Consider the actual law...I have. It's Foregin Affairs.
Foreign affairs is not a law.
Citizenship at birth of those born within the territory and jurisdiction of the United States is controlled by the Constitution, Amendment 14. It is strictly a domestic affair. Citizenship of those born in the United States and subject to its jurisdiction is not subject to any foreign law or international law.
Perhaps you should be the one reading the law instead of telling others to do so.
No. You have a good read.
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.
Amendment 14, Section 1, Clause 1.
https://www.law.cornell.edu/uscode/text/8/1401
8 U.S. Code § 1401 - Nationals and citizens of United States at birthThe following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.
(June 27, 1952, ch. 477, title III, ch. 1, §?301, 66 Stat. 235; Pub. L. 89–770, Nov. 6, 1966, 80 Stat. 1322; Pub. L. 92–584, §§?1, 3, Oct. 27, 1972, 86 Stat. 1289; Pub. L. 95–432, §§?1, 3, Oct. 10, 1978, 92 Stat. 1046; Pub. L. 99–653, §?12, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 103–416, title I, §?101(a), Oct. 25, 1994, 108 Stat. 4306.)
Oh, my! You thought the trap was the court cases!
Oh, my! Your #42, responding to your #41. You were talking to yourself and observed that you fell into your trap, whatever you imagined that to be.
And the 14th Amendment was supposed to be a one time fix for freed slaves.
Congress was granted the power to establish a uniform rule of naturalization. Art. 1, Sec. 8, Cl 4.
And those laws are encioded at USC 8, aren't they.
Of course they are. You have even started linking to USC 8 since your FAM 8 debacle.
Why do you request that which can never be provided as it doesn't exist in the locations you've given?
Are you looking for brownie points when you hoot..."SEE! SEE! You can't show it!"
Why didn't you just link to USC 8 in the first place?
Title 8 - ALIENS AND NATIONALITY
You completely missed the emphasis.
Title 8 - ALIENS AND NATIONALITY
Missing the point as usual. It says Aliens AND Nationality. As in, it covers BOTH subjects.
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