Posted on 08/17/2015 1:46:45 PM PDT by BradtotheBone
Donald Trump laid out some details of his immigration plan in an interview on NBC's "Meet the Press" this weekend.
Trump, who has been criticized in recent weeks for failing to give particulars on his immigration promises, said he will rescind President Obama's executive orders and end birthright citizenship.
As part of it, Trump said he wants to rescind President Obama's executive orders on immigration; deport many of those in the U.S. illegally while providing an expedited return process for "the good ones;" and do away with automatic citizenship for children of illegal immigrants born on U.S. soil.
The Trump campaign said the policy, known as birthright citizenship, is the "biggest magnet" for illegal immigration.
"They have to go," Trump said on NBC's "Meet the Press," of families living in the U.S. illegally and having a child, adding: "What they're doing, they're having a baby. And then all of a sudden, nobody knows ... the baby's here."
Judge Andrew Napolitano explained this morning on "America's Newsroom" what Trump can and cannot do on immigration. He said that Trump's promise to deport children born in America to illegal immigrant mothers is "prohibited by the Constitution."
"The Constitution says very clearly, whoever is born here - no matter the intent of the parent - is a natural-born citizen. He could not change that. Even if he were to change the Constitution, it would not affect people who had already been born here. It would only affect people not yet born here," said Napolitano.
He added that any president can rescind an executive order of a predecessor. But the judge pointed out that every undocumented immigrant that Trump intends to deport would be entitled to a hearing and an appeal.
(Excerpt) Read more at insider.foxnews.com ...
Nappy is wrong. Anchor babies are dual citizens. Ship them back with mamma and poppy.
LOL. I guess an asshat...is an asshat.
No it is NOT. It is prohibited by the Democrats’ perversion of the 14th Amendment. Eddie Munster should know the Supreme Court ruling in the 1890s was NEVER about illegal Mexicans sneaking over our non existent border. Democrat KKKlansmen trying to steal liberty from the great grandparents of their current day stupid supporters forced the Court to make it’s ruling to ward them off.
Using Eddie Munster’s reasoning the 3/5th rule still holds.
” Anyone within the US and ‘subject to the jurisdiction thereof’, which illegals by definition are not, are to become a citizen upon birth.”
So if they are not subject to the jurisdiction of the US how can the US deport them?
I was hoping someone would bring that up.
Better to try and fail that never to have tried at all. Also Obama used EO’s from Amnesty, Trump can use it to.
“...The Constitution says very clearly, whoever is born here - no matter the intent of the parent - is a natural-born citizen...”
Nope. Not true.
The 14th Amendment, Section 1: 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. No state shall make or enforce and law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.
1. The 14th Amendment NEVER SAYS NATURAL BORN CITIZEN!!
1. “...subject to the jurisdiction thereof...” If the parents are illegal aliens in the U.S. they are living here outside the law. If they are Mexican, their children are automatically citizens of Mexico. The children are deported with their parents.
Judge Napolitano is not interpreting the Constitution correctly.
Illegal immigrants are not subject to the jurisdiction of the United States.
This has been one of my primary arguments when discussing this issue over the years.
Jus Soli is stupid. It allows non-citizens to gift something they don't own to someone else without the voluntary consent of the people who do own it. US Citizens.
Immigration is like adoption. You get to be a member of a family if the family consents to adopt you, not because you happen to be born in their house.
Jus Soli is stupid. It serves the Interests of an Island King throwing servitude on anyone he can, but it does not suit the Interest of a prosperous Free Republic.
■committed fraud or misrepresented a material fact for purposes of seeking entry to the United States;
■falsely claimed U.S. citizenship; or
■is not in possession of a valid visa or other required documentation.
The judge is saying birthright citizenship can’t be rescinded retroactively. ... .
***********
If we were to appoint justices who did not think they were a running Constitutional convention, they would find that Constitutional, as distinguished from statutory, birthright citizenship was never in effect in the first place and that, thus, there would be no “retroactive” change.
Ok, that explains a lot, thanks!
If they are not subject to the jurisdiction of the US how can they be allowed to stay?
Your libertine libertarian skirt is showing Nap. Conflation of the meaning of 14th Amendment is unbecoming.
“Expert: Up to 400K Children Born To Illegal Immigrants in U.S. Annually, One In 10 Births”
http://www.freerepublic.com/focus/f-news/3325804/posts
Research the meaning of “not subject to the jurisdiction thereof”
You can “deport” an invader in your home, yet not have “jurisdiction” over them.
Guess, according to the judge, America must just go ahead and commit national suicide.
Exactly. The question goes to the INTENT OF THE AMENDMENT. I believe Scalia would agree.
No, it does not, Judge.
Thanks for playing.
Thats how silly the 14th amendment absolutist argument is.
“Subject to the jurisdiction of” meant that they had renounced their former citizenship either expressly and impliedly and stated an intent to submit to the laws of the United States as citizens. So said the Wong Sun Ark decision cited elsewhere in this post.
It is subject to interpretation whether a person who has entered the united states illegally through their parents can make that claim, an interpretation not yet handed down by the United States Supreme Court.
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