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Thread: It's time to 'reimagine' birthright citizenship

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  1. #1
    Administrator Jean's Avatar
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    It's time to 'reimagine' birthright citizenship

    July 11, 2018
    By Brian Lonergan

    One of the biggest challenges in the immigration debate today is that the American people are routinely given faulty "facts" or outright lies by the media and opportunistic politicians. The media-manufactured crisis over separating children from their illegal alien parents at the southern border is just the most recent example. The misrepresented photos, absurd comparisons of detention centers to concentration camps, and nonstop cable news demagoguery have served to confuse the public and advance the narrative of the open borders movement.

    Now comes a whopper: much of what the American public has been told about birthright citizenship is wrong. The Immigration Reform Law Institute (IRLI) recently filed a friend-of-the-court brief in Fitisemanu v. United States, a case of birthright citizenship currently before the U.S. District Court for the District of Utah. In its brief, IRLI attorneys did not take a position on the primary issue in Fitisemanu: whether American Samoa is part of the United States for purposes of citizenship. The brief instead examined the overarching matter of birthright citizenship. Namely, does the Fourteenth Amendment to the Constitution grant automatic citizenship to children born in the U.S. to parents who are not U.S. residents, or who are in the country without permission? The findings may well topple conventional wisdom about one of the crown jewels of the left's immigration agenda.

    For decades, many agencies have treated virtually all children born in the United States even the children of illegal aliens or tourists as citizens at birth under the Constitution. This all-inclusive interpretation of birthright citizenship, repeated endlessly in the mainstream media, is what gave rise to the "anchor baby" phenomenon. With children born in the United States to illegal alien parents instantly qualifying for welfare and other state and local benefit programs, the incentive for aliens to have their children born in the U.S. is immense.

    Yet under Supreme Court precedent, neither the children of illegal aliens nor those of tourists are citizens at birth. In the 1898 case of United States v. Wong Kim Ark, the Supreme Court found that a man born in San Francisco to Chinese parents was a citizen at birth under the Fourteenth Amendment because his parents, when he was born, were legally residing in the United States. The holding of this case is widely misread as conferring citizenship at birth under the Fourteenth Amendment on all persons whatsoever born in the United States, with the narrow exceptions of children of diplomats, members of an invading force, and Indians born in the allegiance of a tribe. The brief shows that this reading is wrong; the Court clearly excluded the children of illegal aliens and non-U.S. residents from constitutional birthright citizenship. The Court's decision has been incorrectly applied for 120 years.

    Based on Wong Kim Ark and an earlier decision in Wilkins v. Elk, the still controlling rule of the Supreme Court is clear: whether one is a citizen at birth under the Fourteenth Amendment depends on whether one was born in the United States to a U.S. resident parent who, at the time, both had permission to be in the United States and owed direct and immediate allegiance to the United States. This rule happens to exclude the children of both illegal aliens (who do not have permission to be in the country) and tourists (who do not "reside" here) from constitutional birthright citizenship.

    Interpreted correctly, the precedents of these cases would work a sea change in immigration law as it is currently applied. In addition to shrinking the magnet for illegal passage across the southern border, recognition of the correct rule would prevent crass exploitation of our laws by the "birth tourism" industry, in which foreign nationals essentially plan an American vacation with the explicit purpose of bearing a child here. The payoff is a U.S. passport for the child, who would then have the right to sponsor the parents for citizenship when he reaches 21 years of age. Is this an objective of U.S. immigration policy or a mockery of it?

    In her virtue-signaling attacks on Trump administration immigration policy, Sen. Kirsten Gillibrand (D-N.Y.) declared an urgent need to "reimagine" the purpose of U.S. Immigration and Customs Enforcement. While that proposal is childlike, unserious, and a political nonstarter, she's correct that some reimagining of immigration law is overdue. A good place to start would be the loopholes and misinterpretations that have allowed birthright citizenship to be manipulated in ways that run counter to America's best interests.

    https://www.americanthinker.com/blog...izenship_.html
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  2. #2
    Senior Member Beezer's Avatar
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    Give them a "Certificate of Child Born Abroad". They are NOT U.S. citizens!

    Their laws state if their citizens give birth on foreign soil...then THAT child IS a citizen of their country!

    They take the Certificate to their country and file for a Birth Certificate there!


    WE ALSO NEED TO END DUAL CITIZENSHIP!
    TO BECOME AN AMERICAN YOU MUST CHANGE YOUR VALUES ...NOT YOUR LOCATION

    STAY HOME AND BUILD AMERICA ON YOUR SOIL

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    Senior Member hattiecat's Avatar
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    Many of the costs associated with illegal immigration are due to taxpayers supporting the offspring of illegal aliens.
    Prenatal care, childbirth, WIC, food stamps, Medicaid, and K-12 education are all handed out like candy to the "citizen" children of illegal foreign nationals. Many of these "children" are now eligible voters and are likely responsible for the rising Hispanic vote in this country; just look at what's happened to California.
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    Senior Member stoptheinvaders's Avatar
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    Quote Originally Posted by hattiecat View Post
    Many of the costs associated with illegal immigration are due to taxpayers supporting the offspring of illegal aliens.
    Prenatal care, childbirth, WIC, food stamps, Medicaid, and K-12 education are all handed out like candy to the "citizen" children of illegal foreign nationals. Many of these "children" are now eligible voters and are likely responsible for the rising Hispanic vote in this country; just look at what's happened to California.
    I just watched part of a video, had to click off just too disgusting.
    Anyway it was showing bus loads arriving back in El Salvador.

    One of those deported was an 18 year old male. He was brought here at age 5.

    He was telling his sob story of missing his Mother, she didn't get deported.

    He was also missing his girl, she was 17 and pregnant. He said she wanted to be a Momma and he wanted to be a Daddy.

    I had to shut the video down at that.
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  5. #5
    Senior Member Judy's Avatar
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    It's all puke. Everything to do with illegal immigration is low brow, trash, puke. These people are disgusting, not one of them should be left standing in the United States. They all have to be deported, the issue is: how to achieve that with only 5,000 ICE agents and a DOJ that has an 8 year backlog in issuing a deportation order for the 1,000,000 in line not even the 29 million who aren't even in line yet.

    I think we need a Plan B.

    Plan B:

    Tell all these countries, if your citizens don't stop entering our country illegally, then you will have no aid from or trade with the United States. Period.
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    A Nation Without Borders Is Not A Nation - Ronald Reagan
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  6. #6
    MW
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    Why has Trump been quieter than a bowl of jello on the birthright citizenship issue since he was elected? He spoke about it numerous times during his campaign, but I don't recall hearing a peep since he got our vote.
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    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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    Senior Member Judy's Avatar
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    He doesn't have the votes to pass the legislation.
    A Nation Without Borders Is Not A Nation - Ronald Reagan
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  8. #8
    MW
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    Quote Originally Posted by Judy View Post
    He doesn't have the votes to pass the legislation.
    That's an excuse, not a reason.
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    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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  9. #9
    Senior Member Judy's Avatar
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    Whatever. Ask Steve King, it's his bill. He never talks about it either.
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  10. #10
    Senior Member Beezer's Avatar
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    Quote Originally Posted by MW View Post
    Why has Trump been quieter than a bowl of jello on the birthright citizenship issue since he was elected? He spoke about it numerous times during his campaign, but I don't recall hearing a peep since he got our vote.


    He sure has said a lot about "having a heart" for DACA...illegal aliens that need to be booted off our soil along with their illegal DAPA parents who ARE still here.

    END ANCHOR BABY SCAM!

    ISSUE AN ORDER THAT NO U.S. BIRTH CERTIFICATES WILL BE HANDED OVER TO NON-CITIZENS GIVING BIRTH ON OUR SOIL!
    MW and stoptheinvaders like this.
    TO BECOME AN AMERICAN YOU MUST CHANGE YOUR VALUES ...NOT YOUR LOCATION

    STAY HOME AND BUILD AMERICA ON YOUR SOIL

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