Automatic Citizenship
The ad says, "Francine Busby says children of illegal aliens get automatic citizenship." Actually, that's what the Fourteenth Amendment of the United States Constitution says:

"Fourteenth Amendment: 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."

Bilbray's ad also says that "Brian Bilbray wrote the first bill to stop automatic citizenship." It is true that he sponsored such a bill (HR 1363) in 1995 when he was a member of Congress from a neighboring district. However, there is considerable doubt that any measure like Bilbray's would hold up in court. Many legal experts say it would require another Constitutional amendment to end birthright citizenship. According to the non-partisan Congressional Research Service (CRS), the Fourteenth Amendment’s intent is clear:

CRS: Although the primary aim was to secure citizenship for African-Americans, the debates on the citizenship provisions of the Civil Rights Act of 1866 and the Fourteenth Amendment indicate that they were intended to extend U.S. citizenship to all persons born in the United States and subject to its jurisdiction regardless of race, ethnicity or alienage of the parents.

Bilbray's measure would have defined "subject to the jurisdiction" of the U.S. to exclude anyone born to non-citizens or non-permanent residents. However, the US Supreme Court spoke to that in the case of U.S. vs. Wong Kim Ark in 1898. The high court rejected the argument that a child born in the U.S. to Chinese parents wasn't "subject to the jurisdiction" of the United States because the parents owed allegiance to a foreign emperor. It said that the words "not subject to the jurisdiction" of the US applied only to children born to parents who were foreign diplomats, or to parents in hostile military occupation of US territory.
The court also declared:

US Supreme Court: The fourteenth amendment . . . has conferred no authority upon congress to restrict the effect of birth, declared by the constitution to constitute a sufficient and complete right to citizenship.

The ad stretches the truth when it says Bilbray wrote "the first" bill to deny birthright citizenship. In 1991 Republican Representative Elton Gallegly of California sponsored a bill (H.J.Res 357) to amend the Constitution and restrict citizenship by birth to children with legal resident mothers. Bills similar to Bilbray's – attempting to end birthright citizenship without amending the Constitution – have been introduced more recently by Rep. Nathan Deal of Georgia. None have made it to the House floor.

All the information above was an article at http://www.factcheck.org/article393.html

I strongly believe this ruling on the 14th amendment is unconstitutional. I believe the U.S. Supreme Court lost sight of the original intent of the language in the Fourteenth Amendment, "subject to the jurisdiction thereof". How could these children be subject to the jurisdiction thereof if the parents of these children were not subject to the jurisdiction thereof at the time of birth? How can this be? "The high court rejected the argument that a child born in the U.S. to Chinese parents wasn't "subject to the jurisdiction" of the United States because the parents owed allegiance to a foreign emperor. It said that the words "not subject to the jurisdiction" of the US applied only to children born to parents who were foreign diplomats, or to parents in hostile military occupation of US territory." Did the residing jurisdiction know they where here? Illegal Aliens do not tell the residing jurisdiction they are here and they are going to have a child!! Therefore the child born is in no way currently under any jurisdiction if they do not exist in the eyes of the residing jurisdiction. THE HIGH COURT WAS WRONG!

The only way, according to the 14th amendment, to gain "Automatic Citizenship" is for a child to be born under the residing jurisdiction. Therefore, to be under the residing jurisdiction, they need to know this is going to occur, and the birth would then need to be approved by said jurisdiction in order to be considered for citizenship. That means the parents of this child would need be in the country legally recocognized by the residing or U.S. jurisdiction. Temp. work visa or other legal type of entry.


Ironcowboy