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To: Jeff Winston
Are you going to admit that Senator Lyman Trumbull stated clearly, during the course of the debates on this Act, that the children of immigrants were themselves United States citizens, or are you going to continue to deny it?

Immigrants are permanently domiciled in the U.S. That IS the point of immigrating, to make the U.S. your new country and your new home. And yes, children born in the U.S. to immigrants ARE citizens.

However, children born in the U.S. to non-immigrant temporarily resident aliens are NOT citizens.

195 posted on 04/27/2013 2:14:16 PM PDT by Rides3
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To: Rides3
And yes, children born in the U.S. to immigrants ARE citizens.

By golly, we seem to have reached a point of agreement.

However, children born in the U.S. to non-immigrant temporarily resident aliens are NOT citizens.

I think on this on we will have to - slightly - disagree.

I think there's an argument to be made that such children aren't citizens. But in light of the 14th Amendment, and particularly in light of the way in which it is worded - "subject to the jurisdiction of the United States" - I think it's a weak one, and I seriously doubt it would stand up in court.

In fact, if you read the debates in Congress, they actually considered that scenario - the one of aliens here temporarily.

They concluded that the measure they were passing was going to legally recognize the children born of aliens even temporarily in the country as citizens. But they decided that wasn't a big deal.

However, if you or anyone else wants to get Congress to pass a law stating that the children born to aliens temporarily in the country AREN'T citizens, go for it. I'm not a particular fan of birth tourism. Because of the ancient historic precedents, because of the discussion they had on the matter in the Congressional debates, and because I don't think the will is there to abolish birth tourism, I doubt such an attempt would be successful.

But surprises sometimes happen. So I say: if you can get such a measure upheld in the courts, then go for it.

196 posted on 04/27/2013 2:51:13 PM PDT by Jeff Winston
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