Birthright Citizenship For Illegals Is Not In The Constitution

Discussion in 'Immigration' started by onalandline, Nov 1, 2018.

  1. onalandline

    onalandline Well-Known Member Past Donor

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  2. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    The Fourteenth Amendment says "All persons or naturalized in the United States, and subject to the jurisdiction thereof". That presumably means if they're deported soon enough they are not subjected to the continued jurisdiction.

    I would say that if the government tolerates them being there, then they are subject to the jurisdiction.

    The question then becomes how long do they have to be [tolerated] in the country before they become citizens.

    I would however also say that they should be subject to the same Constitutional rights and due process as citizens, not because these rights apply to non-citizens but because they should be treated as citizens (of a sort) up until the point they are deported (released from U.S. jurisdiction).
     
    Last edited: Nov 2, 2018
  3. chris155au

    chris155au Well-Known Member

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    TOO RIGHT!
     
  4. chris155au

    chris155au Well-Known Member

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    Which government?
     
  5. onalandline

    onalandline Well-Known Member Past Donor

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  6. FreshAir

    FreshAir Well-Known Member Past Donor

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    your right

    "Birthright Citizenship For Illegals Is Not In The Constitution"

    those born here are Americans, not illegals

    Birthright Citizenship is for those Born in this great country of ours, those born here are not illegals
     
    Last edited: Nov 2, 2018
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  7. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    That interpretation of the Fourteenth Amendment is what's in question.
     
    Last edited: Nov 2, 2018
  8. FreshAir

    FreshAir Well-Known Member Past Donor

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    a baby that is born in the USA is not an illegal just for being born here

    what is Trump gonna do, round up all the babies and put them in camps, maybe tattoo a serial number on them
     
    Last edited: Nov 2, 2018
  9. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    The argument would be that citizenship is not automatically granted if the baby is not under the continuing jurisdiction of the U.S.


    Send the babies to live with their parents.
     
    Last edited: Nov 2, 2018
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  10. JakeStarkey

    JakeStarkey Well-Known Member

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    The most mistaken OP of the week

    Birthright Citizenship For Illegals Is Not In The Constitution
     
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  11. JakeStarkey

    JakeStarkey Well-Known Member

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    Interesting but not sound.
     
  12. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Why would that not be obvious?

    Even in the case that the parents have been put in prison for committing some crime, and there are no other relatives available to accept the baby, it makes more sense to send the child to an orphanage in the country of its parents where it will grow up speaking the language of the parents, until the parents are eventually let out of prison to receive custody of their child.

    If it's a matter of money, the U.S. could provide the payment for the care of that child in another country for a few years. It would be a lot cheaper than putting them in an orphanage in the U.S. It's kind of cruel to raise the child not speaking the language of their parents when that child is going to be returned to their parents in a few years.​
     
    Last edited: Nov 2, 2018
  13. JakeStarkey

    JakeStarkey Well-Known Member

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    Citizens have the right to be with their parents in their home county.
     
  14. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Whatever gave you that idea?

    The baby's home country is the country its parents came from.

    If two people from country B illegally (or even legally) enter country A and have a baby, that baby's "home country" is still country B.
    Both the parents are citizens of country B, and the baby is too young to understand anything going on around it.

    Having an anchor baby doesn't (or shouldn't) automatically give you the right to permanent residence, just because you snuck into another country and had a baby there. (Who knows? The baby could have even been conceived somewhere else and spent most of its gestation in the country of its parents)
     
    Last edited: Nov 2, 2018
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  15. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    You are right. They are not an illegal. They are an innocent victim.
    But that still doesn't make them a legal resident.
     
    Last edited: Nov 2, 2018
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  16. FreshAir

    FreshAir Well-Known Member Past Donor

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    per the constitution it does
     
  17. dairyair

    dairyair Well-Known Member

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    Yes it does, see 14A.
    Which was put in to grant all those born here when their parents were here illegally as slaves.
     
    Last edited: Nov 2, 2018
  18. BarleyPopGuy

    BarleyPopGuy Banned

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    You have to love Trump, he got this conversation started. Now we need a court case to go all the way to the Supreme Court. And we all know how that will go...Hahahahahaha!
     
  19. JakeStarkey

    JakeStarkey Well-Known Member

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    The baby's home country is America because the child is citizen.

    You can't deny the child residence in the country, because he has a right to permanent residence since he is a citizen.

    No such court case would go to SCOTUS. It would be appealed, denied, and the next court would not accept it.
     
    Last edited: Nov 2, 2018
  20. dairyair

    dairyair Well-Known Member

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    Next Wednesday, this issue will blow away in the wind.
     
  21. BarleyPopGuy

    BarleyPopGuy Banned

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    The day after the election, yes. Trump wont forget though.
     
  22. JakeStarkey

    JakeStarkey Well-Known Member

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    Indeed, but Trump will remember.
     
    Last edited: Nov 2, 2018
  23. dairyair

    dairyair Well-Known Member

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    He won't care for 2 more years about it.
     
  24. JakeStarkey

    JakeStarkey Well-Known Member

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    He won't care about it then, dairyair. He realizes by then he will lose.
     
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  25. kazenatsu

    kazenatsu Well-Known Member Past Donor

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