Posted on 09/06/2025 6:20:42 PM PDT by CDR Kerchner
(Sep. 6, 2025) — In a striking opinion issued last month, a three-judge panel of the Ninth Circuit Court of Appeals affirmed a lower court’s opinion that now 75-year-old Roberto Moncada, though born in the United States, should not have been considered a “birthright” citizen.
The decision was first flagged to this writer by CDR. Charles F. Kerchner, Jr. (Ret), who on August 30 posted to his blog a video from attorney and broadcaster Robert Goveia providing an analysis of the panel’s 25-page opinion.
Born in New York City in 1950 to a Nicaraguan diplomat, Moncada worked in the United States and was issued a U.S. passport on five occasions, the case record states. Nevertheless, the U.S. District Court for the District of California found, and the Ninth Circuit panel affirmed upon Moncada’s appeal, “the government was…wrong all along” (p. 5). ... continue reading this article at: https://www.thepostemail.com/2025/09/06/birthright-citizenship-of-child-of-foreign-diplomat-revoked/
(Excerpt) Read more at thepostemail.com ...
“Subject to the jurisdiction thereof”
This is outstanding news.
Not for foreign nationals!
Good precedent. Now for all the other anchor babies and their welfare-dependent parents.
bookmark
bad news for obama
Don’t get too excited. This applies to someone who was explicitly immune to U.S. law. Illegal immigrants have no such immunity.
That Vattel is cited shouldn’t mean much; no-one debates whether he was influential to America’s founding fathers. Vattel never uses the phrase, “natural-born citizen.” There’s little basis for the assertion that the French word, “naturel” means “natural-born citizen” as opposed to simply, “native.”
Vattel’s book on natural born citizenship was a favorite of George Washington. He failed to return it to the library. Nevertheless Vattel was cited by the founders and lawyers in early case law on citizenship
Don’t want people walking across the border, having pregnancy vacations, overstaying visas etc. We want our neighbors and new immigrants to be chosen by us — using rules and following reasonable traditions. Is that really too much to ask? And yeah, that includes ‘children of diplomats’ If white liberal ‘elites’ had their way, every person in the world who wanted to live here could just ‘move right in’...
STEP BY STEP
WINNING!
MORE ICE PLEASE!!!!
They need to make sure that for any foreign student giving birth while in the United States on an educational visa that their spawn will NOT get American citizenship as well.
The French word “naturels” used by Vattel translates to “natural born”. See: https://cdrkerchner.wordpress.com/2023/04/15/my-translation-of-a-key-sentence-in-emer-de-vattels-1758-treatise-on-natural-law-in-section-212-des-citoyens-et-naturels/ ... and ... https://lonang.com/library/reference/vattel-law-of-nations/vatt-119/
To Help Solve the Birthright Citizenship Abuse Issue, We Will Need Better Birth Certificate Data Going Forward: https://cdrkerchner.wordpress.com/2025/05/23/to-help-solve-the-birthright-citizenship-issue-we-will-need-better-birth-certificate-data-going-forward/
CDR Kerchner (Ret)
http://www.ProtectOurLiberty.org
there was no revocation required... as there was never any legal citizenship to be granted.
i really wish people would read the FULL first sentence of the 14th.
Despite Congress’s clear intent to not create a completely universal and automatic birthright citizenship policy, the current application of the Citizenship Clause is so lax that the United States has a de facto universal birthright citizenship policy that denies U.S. citizenship by birth to no one.
There is no federal requirement that hospitals ask new parents if they are foreign diplomatic staff. State agencies do not instruct hospitals to differentiate between children born to diplomatic staff and those born to U.S. citizens or temporary or illegal aliens.
Hospitals need to be instructed by law to ask these questions.
The Social Security Administration (SSA) does not investigate whether SSN requests are for children of foreign diplomats.
We need to order them to do so.
Congress could require parents to have SSNs before a U.S. birth certificate or SSN is issued to a newborn.
This should be enacted immediately, and enforced, with no back doors for the Gavin Newsom types to get around it.
Actually, for denying a child of a foreign diplomat is a citizen, they could have relied on Wong Kim Ark. A decision that rejects Vattel. BTW - Vattel never mentioned NBC in his writings. It wasn’t MISTRANSLATED that way until 10 years AFTER the US Constitution was written! Vattel used the word “indigenes” - the indigenous people. Not NBC.
No, it doesn’t. It simply doesn’t. “Naturel” means “natural.” It’s an adjective which has been used as a noun and pluralized (even “animal” is an adjective), and is used in a billion contexts where there “natural born” makes no sense. And if you said, “quel-ce que naturel!” not a soul in all of France would think you’re saying, “What a natural-born!” They would think you meant, “What a natural!” as in “what a prodigee!”
There is even a term used in France to mean “a natural-born citizen,” which is “un citoyen de naissance” or maybe “un citizen de naissance naturelle.” (That is the same word as “naturel” but it’s feminized to “Naturelle” here, because it refers to “birth,” which is a feminine word not “citizen.”)
If Vattel were using “naturels” to refer to a kind of citizen, he would never have left off “citoyen.” Instead, he’s using it to mean that someone is, under what the Anglosphere would call “natural law,” a native, as opposed to a “naturalized citizen,” which would be someone who required a recognition by legislation to be regarded as a native, rather than being native by birth.
Why then the distinction between “born citizen” and “natural-born citizen?” Well, that’s why someone interested in natural law would read Vattel: he’s arguing that when someone is born of someone who is a wanderer, he doesn’t “naturally” acquire rights or obligations to the country he happens to be born in.
So when does a wanderer become able to have children who are “natural-born?” The use of the word, “naturalized” would suggest that it definitely happens when the immigrant receives citizenship. But that use of that word by the founding fathers also suggests “natural-born” is as opposed to “naturalized.” Does this suggest that the children of naturalized children are natural-born? Yes. You inherit the properties of your parents and have no natural obligations to any foreign power.
Does this suggest that the children of non-citizen legal immigrants are natural-born? Well, they obtain their citizenship under the 14th amendment by virtue of their birth, so I would say yes, but I could recognize the plausibility of the claim that those who are not naturalized cannot pass down the characteristic of being “natural.” I’m aware of nowhere that there has ever been claimed that this is a recessive trait; either parent being a citizen, for instance, passes on their citizenship to their child, whether born in the U.S. or not.
The bad news is this case refers to someone who is explicitly excluded from being under the jurisdiction of U.S. law. The good news is that while U.S. law certainly applies itself to those who make themselves subject to it by arriving without such immunity, the fact that their presence is illegal doesn’t automatically grant them the full privileges of citizenship; I’d arguing that calling illegal aliens “under the jurisdiction of U.S. law” is outrageous as calling an invading army that.
Mr Rogers,
Actually, he used the word, “naturels” also. But the fact that “naturels” isn’t identical to “indigenes” is good here: He’s staking out that there is a third type of person, that includes “indigenes” (those whose people are indigenous to a nation) and excludes naturalized citizens, and that is someone who is a “natural-born citizen” despite not being indigenous.
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