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11-18-2024, 03:39 PM #1
Trump's EO Ending Citizenship for Children of Illegals and Outlawing Birth Tourism
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I am fully on board with TRUMPS Day One Executive Order Ending Citizenship for Children of Illegals and Outlawing Birth Tourism which is in perfect harmony with the meaning of "....and subject to the jurisdiction thereof . . .' as understood by those who framed Section 1 of the Fourteenth Amendment and helped to ratify it.
In addition, a number of Supreme Court cases are in perfect harmony with Trump's proposed Executive Order, e.g., IN RE SLAUGHTER-HOUSE CASES, U.S. 36 (1872) the court says:
"The phrase, ‘subject to its jurisdiction’ was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States."
And, in Elk v. Wilkins, 112 U.S. 101 (1884), the court emphatically observes:
"This section contemplates two sources of citizenship, and two sources only: birth and naturalization. The persons declared [112 U.S. 94, 102] to be citizens are ‘all persons born or naturalized in the United States, and subject to the jurisdiction thereof.’ The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance. And the words relate to the time of birth in the one case, as they do to the time of naturalization in the other. Persons not thus subject to the jurisdiction of the United States at the time of birth cannot become so afterwards, except by being naturalized, either individually, as by proceedings under the naturalization acts; or collectively, as by the force of a treaty by which foreign territory is acquired. Indians born within the territorial limits of the United States, members of, and owing immediate allegiance to, one of the Indiana tribes, (an alien though dependent power,) although in a geographical sense born in the United States, are no more ‘born in the United States and subject to the jurisdiction thereof,’ within the meaning of the first section of the fourteenth amendment, than the children of subjects of any foreign government born within the domain of that government, or the children born within the United States, of ambassadors or other public ministers of foreign nations.
And in Wong Kim Ark, (189
the following facts are confirmed in rendering a decision:
(1)Wong Kim Ark’s parents were in our country legally;
(2) had been settled in American for quite some time;
(3) the parents had a permanent domicile and residence in the United States;
(4) they were carrying on a lawful business;
(5) and the parents were not employed in any diplomatic or official capacity under the emperor of China at the time of Wong Kim Ark’s birth.
After the above facts were established by the Court, Justice Gray then stated with regard to Wong Kim Ark’s question of citizenship:
For the reasons above stated, the court was of the opinion that the question must be answered in the affirmative.
As repeatedly pointed out by the Court, there are specific requirements and conditions which must be met for a child born to a foreign national while on American soil to be blessed with citizenship upon birth. And those requirements and conditions stated by our Supreme Court and documented above, confirm a child born to an illegal entrant foreign national while on American soil is not granted citizenship upon birth.Last edited by johnwk; 11-18-2024 at 03:42 PM.
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