Thread: Kyl Questions Citizenship for Illegal Immigrants’ Children

By Naftali Bendavid
Sen. Jon Kyl said he wanted to look into whether the U.S.-born children of illegal immigrants should automatically become U.S. citizens, as they do now.

Kyl, an Arizona Republican, said he has discussed with Sen. Lindsey Graham (R., S.C.) the possibility of holding hearings on the topic, a highly controversial one.

The 14th Amendment to the U.S. Constitution says, in part, “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.â€

[quote]The 14th Amendment to the U.S. Constitution says, in part, “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.â€

the 14th was also intended for the children of freed slaves.
it was never thought america would have to deal with illegal lawbreakers.

In the past the definition of "subject to the jurisdiction" was clearly understood to mean "complete and total US government control over a person", in other words the same jurisdiction the US had over it's citizens. In 1868 this included freed slaves because the US had total control over them, they did not have citizenship or rights in any other country.

But with growth of the welfare state in the 1960's came a desire by bleeding heart liberals to include every poor person living here as being under US jurisdiction for welfare benefit purposes, resulting in a redefinition of "subject to the jurisdiction" to partial jurisdiction.

In other words no law, Supreme Court decision, or Executive Order decided that suddenly illegal alien babies were now US citizens, the welfare bureacracy did it.

if politicians passed a ruling to allow children of illegal aliens automatically deemed an American citizen can american and naturalized citizens imposed a class action lawsuit condemning changing the constitution unlawful and unconstitution?

Originally Posted by xchange

if politicians passed a ruling to allow children of illegal aliens automatically deemed an American citizen can american and naturalized citizens imposed a class action lawsuit condemning changing the constitution unlawful and unconstitution?

In this case no, since the 14th Amendment allows Congress to decide who receives birthright citizenship, and in 1924 Congress did exactly this, giving birthright citizenship to all Indians born in the US including on reservations, previusly Indians born on reservations or in territories were not US citizens.

Originally Posted by Bowman

Originally Posted by xchange

if politicians passed a ruling to allow children of illegal aliens automatically deemed an American citizen can american and naturalized citizens imposed a class action lawsuit condemning changing the constitution unlawful and unconstitution?

In this case no, since the 14th Amendment allows Congress to decide who receives birthright citizenship, and in 1924 Congress did exactly this, giving birthright citizenship to all Indians born in the US including on reservations, previusly Indians born on reservations or in territories were not US citizens.

i thought american indians are indigenous to the country.

Originally Posted by xchange

i thought american indians are indigenous to the country.

No, they are indigenous to the Continent, ever hear of the Indian Wars, between the US Government and Indian Nations? Before 1924 the US was not about to give citizenship to people they were at war with!! Even today their reservations are called Nations, actually I think Nation is the preferred term.