Posted on 09/04/2015 5:30:36 AM PDT by xzins
The First Lady of the Conservative Movement, and our longtime friend, Phyllis Schlafly has posted an excellent article on Townhall explaining that a federal case moving to trial in Texas could provide a means to stop the practice of extending automatic U.S. citizenship to children born to illegal aliens.
Jeb BushRepublican presidential candidate Donald Trump recently called for legislation to end that unpopular practice, which polls show Americans oppose by more than 2 to 1, and even Jeb Bush admitted that it’s perfectly legitimate to call those children "anchor babies."
The Pew Research Center estimated that 340,000 children are born annually to citizens of Mexico and other foreign countries who are living illegally in the United States, and that doesn’t include children born to "birth tourists," primarily from Asian countries, which the Center for Immigration Studies estimates could be as high as 36,000. These children are called "anchor babies" because their presumed citizenship enables their parents to access a variety of benefit programs intended for U.S. citizens, and makes it so much easier for the entire family to continue living here illegally.
The Texas case is still in its pretrial stage, but Mrs. Schlafly explains that an explosive document filed there last week by the government of Mexico adds fuel to the national debate that Trump touched off. The legal brief, which includes a sworn affidavit by Mexico’s consul general for Texas, Carlos Gonzalez Gutierrez, openly admits that Mexico’s official policy is to encourage its poor people to migrate here illegally in order to access our generous welfare system.
The brief begins by declaring that "Mexico is responsible to protect its nationals wherever they may be residing," and a footnote clarifies that under the Mexican Constitution, "Mexican nationality is granted to children born abroad of a Mexican born parent." In other words, anchor babies born in this country retain their parents’ nationality, which means their citizenship belongs there, not here.
Liberals claim that our own Constitution guarantees automatic U.S. citizenship to all children born on American soil, and it’s true that the Fourteenth Amendment begins with the words "All persons born or naturalized in the United States . . . are citizens of the United States." But behind those three little dots is an important qualification: "AND subject to the jurisdiction thereof."
What that forgotten phrase means is that when someone born here is "subject to the jurisdiction" of another nation, that child does not become a U.S. citizen unless the laws passed by Congress so provide (and they don’t).
By filing its legal brief and submitting sworn testimony in the Texas case, says Schlafly, Mexico is officially declaring that children born to its citizens living illegally in the United States remain "subject to the jurisdiction" of Mexico.
The Mexican consul, in his sworn testimony, says that "My responsibilities in this position include protecting the rights and promoting the interests of my fellow Mexican nationals" and "The main responsibility of consulates is to provide services, assistance, and protection to nationals abroad."
Mexico’s assertion of continuing jurisdiction over its "nationals abroad," observes Schlafly, is inconsistent with any claim to automatic U.S. citizenship merely by reason of birth on U.S. soil.
The Texas case was filed on behalf of about two dozen mothers who admit they are citizens of Mexico living illegally in Texas. The women complain that without proper ID they cannot get birth certificates for their Texas-born children, and that without birth certificates they can’t enroll in Medicaid, food stamps, Section 8 housing, and other U.S. taxpayer-provided benefits.
Like other states, Texas issues a birth certificate to a close relative only upon presentation of a valid ID issued by a U.S. federal or state agency. These restrictions were adopted to combat the growing epidemic of identity theft, whose main cause is the widespread use of forged or fake documents by illegal aliens.
In order to assist its citizens living here illegally who cannot get the required ID, Mexican consulates issue an official-looking document called the matricula consular which includes a laminated photo. Of course, Texas rightly refuses to accept such foreign identity documents which it has no way to verify.
The basic allegation of the lawsuit is that by refusing to accept the matricula consular as proper ID for obtaining a birth certificate, Texas is somehow violating the Fourteenth Amendment by depriving anchor babies of U.S. citizenship.
On the contrary, says attorney Phyllis Schlafly, their reliance on a foreign identity document proves they are "subject to the jurisdiction" of a foreign power and thus not eligible for automatic U.S. citizenship.
The Texas lawsuit was concocted by a group called the South Texas Civil Rights Project, which was founded in 1972 as a spin-off of the ACLU. It was assisted by another leftwing legal outfit, Texas RioGrande Legal Aid, whose largest supporter, the Legal Services Corporation, collected $375 million of U.S. taxpayer funds in the current fiscal year observed Mrs. Schlafly.
We think Donald Trump has a knack for getting right to the heart of establishment Republican hypocrisy, and especially Jeb Bush hypocrisy, and his point about Bush differentiating between Asian anchor babies and Hispanic anchor babies is right on target, because there is no differentiation – they are both subject to the jurisdiction of a foreign nation.
As Mrs. Schlafly so cogently explained, wealthy Asians, particularly Chinese, and poor Latin Americans make a point of having children in the United States for the same reason; to access the benefits American citizenship confers upon their children.
So Jeb Bush’s distinction between the two groups makes no sense, logically. But it does prove a point we’ve made before. And that is that Jeb is a “gringo aplatanado,” or American who has “gone native” and adopted Latin American culture as his own.
From identifying himself as “Hispanic” on a voter registration form, to his refusal to acknowledge that the same argument against granting birthright citizenship to the offspring of birth-tourists applies to the offspring of illegal aliens, Jeb Bush just can’t bring himself to fight for the sovereignty of the United States, the quality of life of America’s hard-pressed working citizens and the preservation of American exceptionalism.
That's the cite from Immigration and Naturalization for the current oath of allegiance taken at naturalization. Page 28.
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God."
It is from the US Code.
INA: ACT 337 - OATH OF RENUNCIATION AND ALLEGIANCE
Sec. 337. [8 U.S.C. 1448]
(a) A person who has applied for naturalization shall, in order to be and before being admitted to citizenship, take in a public ceremony before the Attorney General or a court with jurisdiction under section 310(b) an oath
(1) to support the Constitution of the United States;
(2) to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen;
Fine. Deport the illegals and put the kids up in foster/adoption...see how many still wish to keep THAT train going.
As for Congress, we all know what a waste of space/time/money that bunch has been.
I am for deporting the parents along with the children. End birthright citizenship for illegal aliens and people here on temporary visas, e.g., students, tourists, businessmen, etc.
Or Jeb's a white liberal elite who enjoys feeling MORE superior when surrounded by 'the natives'. (Think Brits feeling 'royal' when serving in India, Africa etc. in the 1930's and 1940's) - it's the ugly underbelly of white superiority)
Trump's right... illegals need to be deported. Trump can start the process the day he takes the oath - wish it could be sooner.
Good point.
Oh, I’m with you there, but until that time...
But, I’m also for killing off the welfare state (2+ birds w/ one stone) and HARD labor (exponential) for each offense if they still try.
Unfort., not even Trump is talking restoring Constitutional limits.
If you mean by the welfare state, SS and Medicare, you are in a very small minority. Those programs are here to stay. They must be reformed, but they are not going away.
Oh, yes, I know I’m in the minority. Even here you hear the gnashing of teeth of “My SS”, “MY xyz”...
But, unconstitutional is unconstitutional.
They ‘reform’ the tax codes every so often too. I’m still not impressed.
Just look at the topic of point...illegals, having never paid a LEGAL dime into the system being given everything w/out question.
The ONLY ‘reform’ that should be allowed is TERMINATION...then salt the Earth and nuke it from orbit.
Privatize mean give the job to people who are motivated to get the damn job done, as opposed to those who are rewarded for making the process take 5-10 years.
It isn’t about who sets the rules, its about who executes the process.
The rules don’t change, but the work actually gets done.
We bring in 1.1 million legal immigrants a year, more than the rest of the world combined.
Do you realize how the immigration system works? Do you know we have various categories of immigration based on such things as kinship, country of origin, etc.? There are annual caps on almost all categories except spousal visas. There are reasons why it takes years to get in. We have 4 million in line right now waiting their turn.
Since 1990 the US has taken in 35 million LEGAL PERMANENT IMMIGRANTS. Do we really need more immigrants processed faster and in greater numbers annually? We have the lowest labor participation rates in 38 years with over 94 million Americans out of the work force.
It isn’t about who sets the rules, its about who executes the process. The rules don’t change, but the work actually gets done.
I suggest you get better informed about the rules. We need to reduce legal immigration, not increase it and make it easier. Go push your leftist crap somewhere else.
Newsflash!
Legal Immigration is NOT “leftist crap”.
My objective was to solve the ILLEGAL immigration problem.
If you’d rather let that problem fester, feel free to own that.
It is when you say such nonsensical things like, "Privatize mean give the job to people who are motivated to get the damn job done, as opposed to those who are rewarded for making the process take 5-10 years."
We don't need more legal immigrants and faster processing. Are you nuts?
I explained to you why the processing can take 5 to 10 years. We have set limits on the numbers who can be admitted annually. Isn't 1.1 million a year enough for you?
Immigration to the United States is a privilege, not a right. Our immigration policies should serve the best interests of the nation. The Leftists want more immigration and the process sped up so more can be admitted to transform this country into a Third World hellhole. We are being colonized and you want to hasten the process. Insane.
6. Privatize the legal immigration process, to motivate efficiency.
Indeed. If they are Mexican citizens then the 14th amendment cannot apply
dear liz,
With this finding, the Mexican government openly ADMITS that it sanctions the invasion of American territory, which in the days when men had balls, constituted an act of war.
My objective was to solve the ILLEGAL immigration problem.
If you’d rather let that problem fester, feel free to own that.
You don't have a clue about the immigration process.
Good point....Mexico (and the rest of the Third World gathering at the border) are sending in the barbarian hordes lusting after our riches.
This declaration by Mexico underlines their goal to overthrow the US government....then the looting and pillaging begins.
The court that invented a right to same-sex marriage will have no problem asserting illegals right to US citizenship. And as Trump says the Supreme Court has ruled, it’s the land of the land. Time to move on.
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