Posted on 10/20/2015 7:51:19 PM PDT by BlackFemaleArmyColonel
Officials in Texas didn't wait for Donald Trump to win the presidential election before implementing a policy beloved by anti-immigrant conservatives. Trump made a huge splash by saying he didn't believe birthright citizenship — the constitutionally enshrined idea that a baby born within the United States is an American — earlier this summer. And now it's happening: Some children born in the U.S. haven't been issued birth certificates because their parents can't provide the documents that the state of Texas requires — and a federal judge said this is okay.
In a ruling Friday, U.S. District Judge Robert Pitman said that Texas should be allowed to have strict standards for what types of documents immigrant parents must submit to get birth certificates for their children. But those standards changed recently, and a common form of identification is no longer considered acceptable. Judge Pitman said in his ruling, “While the Court is very troubled at the prospect of Texas-born children, and their parents, being denied issuance of a birth certificate…a birth certificate is a vital and important document." So vital and important that the family of a child obviously born in the U.S. have to go to court for the right to be recognized as a citizen.
This isn't just a bureaucratic problem; it's a major constitutional issue. The Constitution's 14th Amendment guarantees citizenship to all children born in the United States. "It's a basic denial of human rights," Thanu Yakupitiyage of the New York Immigration Coalition told Refinery29. "To deny American children their birth certificate is discrimination." And though Yakupitiyage says that the Texas decision could lead other states to try similar tactics, fighting over documents only saps energy and focus away from crafting significant immigration reforms that will allow families to stay together.
(Excerpt) Read more at refinery29.com ...
Proves Trump correct
So true. That little word “jurisdiction” is the kicker. Goes back to Vitell’s Law of Nations.
Actually the 14th amendment does not. It has been only recently magickally interpretd by a liberal court to say it does, but it does not. Certainly it did not at the time it was created, scotus and congress did not regard this doing so.
Exactly.
Yes, we should.
I agree. Invasion by hostiles hell bent on the destruction of our country. Yeah I get it, come here for a “better way of life” my granddaddy did, but he did it the right way and was a productive citizen who taught his kids and grandkids that there is no such thing as a hand out.
“Protect the border”
Build the GD fence. No, it won’t keep everyone out BUT it will probably keep 90% out — that’s a decent result! Build it!
This has nothing to do with Trump. Months ago, before Trump was venturing out of Trump Tower, Texas refused to issue a birth certificate to a child because the parents could not provide acceptable identification. The person saying he was the dad, could have said he was Donald Trump, but had no ID to prove that. The mother could have said she was Mother Teresa but had no ID to prove that.
If Texas doesn’t know who the parents are, Texas can’t issue a birth certificate, whether the parents are from Ireland or Greece or Mexico or the United States.
"The Constitution's 14th Amendment guarantees citizenship to all children born in the United States."
FR: Never Accept the Premise of Your Opponent’s Argument
The above statement about the 14th Amendment guaranteeing citizenship to all children born in the United States is an outright lie. This is because it completely ignores the 14th Amendment’s “and subject to the jurisdiction thereof," clause.
14th Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof [emphasis added], are citizens of the United States and of the State wherein they reside. No State shall make or enforce any 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 laws.
In fact, thanks to Mark Levin who has pointed out that the congressional record indicates that two federal lawmakers who helped to draft the 14th Amendment had indicated that being born in the USA does not automatically make a person a USA citizen.
"The first amendment is to section one, declaring that “all persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside.” I do not propose to say anything on that subject except that the question of citizenship has been so fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens [emphases added], who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.” — Senator Jacob Howard, Congressional Globe, 1774 - 1875 Congressional Globe, Senate, 39th Congress, 1st Session.
And to clear up any confusion about “foreigners” and “aliens” in the excerpt above being used to describe the family members of ambassadors or foreign ministers, the excerpt below is another official perspective on what the 14th Amendment’s jurisdiction clause means.
"Of course my opinion is not any better than that of any other member of the Senate; but it is very clear to me that there is nothing whatever in the suggestions of the Senator from Wisconsin. The provision is, that “ all persons born in the United States, and subject to the jurisdiction thereof, are citizens.” That means “subject to the complete jurisdiction thereof.” Now, does the Senator from Wisconsin pretend to say that the Navajo Indians are subject to the Complete jurisdiction of the United States? What do we mean by “subject to the jurisdiction of the United States?” Not owing allegiance to anybody else. That is what it means. [emphases added] Can you sue a Navajo Indian in court? Are they in any sense subject to the complete jurisdiction of the United States? By no means. We make …” — Senator Lyman Trumbull, Congressional Globe, 1774 - 1875 Congressional Globe, Senate, 39th Congress, 1st Session. (See middle of first column.)
The reason that there’s so much confusion about the 14th Amendment’s jurisdiction clause imo, is because activist justices twisted the intentions of the drafters of that amendment when they decided the case of United States v. Wong Kim Ark in his favor.
If 3rd world North Korea can secure its border, surely we can as well.
What Trump and others are saying is enforce the damned laws....
But too much money is at stake as crappy CEO’s try to pad results by lowering wage costs...
Try and move to Mexico, they will track you like a coon hound and you never get the same rights as a natural born citizen...
This is all about Money and Power at the end of the day and big people and players are driving all of this to move towards their ultimate agenda...
A small “elite” community of “Leaders” worldwide who keep their “Kingdoms” quiet and doing the bidding of the Wise Ones
So anyone who disagrees with the overall plan is a Terrorist or apter depiction of a malcontent, not on the team...
Keep the pressure on, and let go of any favoritism as things pick up speed, lot’s of declarations of real positions by those we once trusted will rock many..
Note the names of the Traitors well and move on...
bttt
If you are born in Texas the hospital issues the Birth Certificate and forwards it to the State. If you are not born in a hospital you can still get a birth certificate based on the forms the midwife files, or even sworn affidavits by family members. Type in “how are non hospital births recorded in Texas” into google. The answers are there.
Texas is denying these birth certificates because they do not know where the children were born. Mexico is a good guess.
The way it should be is that Only children born to Illegal Aliens should have to get birth certificates so that they can be tracked for life.
All the rest of us now get birth certificates and along with that a Social Security number and that documentation tracks us for life. The Social Security number forces us to pay taxes, keeps track of our every move. Where we work, what we make, who we marry, where we live etc, etc.
Without a Social Security number, you have a much better life and can even grow up to be President of the United States.
Their families can stay together... In Mexico! What? Mexico won’t allow it? Buncha racists.
If you come here through the front door, awesome, but the truth is..This isn’t about families, this is about the deadly violence spreading from Mexico. It is also about drugs. Rape trees.. Do we really keep ignoring that and the victims.. And the heinous criminals that do these things?
Can’t we do better as a country? Of course we ignore bachi bazi... So I think we are through.
To be specific, it is not “flawed identification” of the parents. It is foreign identification of the parents. Neither parent is an American.
The Mexican parents are told by Mexican officials that if they present a Mexican ID card, that is like having an American ID card. But Texas uses that Mexican ID as proof the parents are Mexican citizens and therefore, the baby is a Mexican citizen, too.
Not true, unfortunately, Texas is simply refusing to issue birth certificates to parents without any form of valid ID.
Were theses people legal visitors with passports and/or a Visa, or for that matter any kind of U.S. identification their children would get birth certificates under their names.
But as they just walked in to this country illegally without any visa or passport they have no valid ID. So we can’t verify their name and Identity, which is necessary under Texas law to create a legal birth certificate.
Admittedly its a loophole but it is not enforcing the law as the 14th Amendment specified when written as you can still get a birth certificate without having a parent with U.S. citizenship by simply having a parent with Passport and/or Visas.
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