Birthright citizenship

vraiblonde

vraiblonde

Board Mommy
PREMO Member
Patron
Trump wants to get rid of it and I say it's about time. The Constitution says:

"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."

If you're not a citizen or a legal permanent resident, your kid shouldn't get citizenship just because it happened to be born here. Alternately I'd go for the baby having US citizenship but that doesn't mean mommy and daddy get it too. It means when you go back to your home country, you can either take your baby with you or leave it at an orphanage, your choice. But you don't get to stay.

This is where the progs go off the mental health rails. They whine about "separating families" when that is not the case at all. Parents are free to take their child home with them. There is no law that says they have to leave it here. Unfortunately Democrat voters are too stupid to understand this.
 
Kyle

Kyle

Beloved Misanthrope
PREMO Member
Not only should it be end, there should be some that have it and it should be stripped.
 
Sneakers

Sneakers

Just sneakin' around....
I'll go along with this.

Interesting tho, most if not all of Europe have birthright citizenship. Wonder if that will start to change.
 
O

OccamsRazor

Well-Known Member
vraiblonde said:
If you're not a citizen or a legal permanent resident, your kid shouldn't get citizenship just because it happened to be born here. Alternately I'd go for the baby having US citizenship but that doesn't mean mommy and daddy get it too. It means when you go back to your home country, you can either take your baby with you or leave it at an orphanage, your choice. But you don't get to stay.
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Correct me if I am wrong but, when did this change? When did it happen that if 2 non-resident aliens have a child on US soil, that BOTH or even ONE parent is automatically a US citizen... legally?
 
GURPS

GURPS

INGSOC
PREMO Member
It didn't ... but the parents get to stay and bring along all the rest of the family members
 
SamSpade

SamSpade

Well-Known Member
PREMO Member
"Birthright citizenship" arose from a note written by Justice Brennan in 1982. Yep. Before that, the 14th Amendment was interpreted the way it was intended to be interpreted - and we enforced it as such. His opinion does not carry the force of law.

The 14th Amendment was written entirely to grant citizenship - to slaves - and their children. Period.

As I understand it - you don't need an amendment to end it. You just need to end the ridiculous interpretation of the law per Brennan.

The way we use the law - we're one of just two countries in the world that do it this way.
 
stgislander

stgislander

Well-Known Member
PREMO Member
SamSpade said:
The 14th Amendment was written entirely to grant citizenship - to slaves - and their children. Period.
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If I remember my reading of the Congressional Record correctly, when the 14th was being debated in Congress, it was decided that children born to Chinese brought over to build the western railroads (their immigrant status was not assured due to anti-Chinese sentiments) were also included in citizenship.
 
Monello

Monello

Smarter than the average bear
PREMO Member
SamSpade said:
The way we use the law - we're one of just two countries in the world that do it this way.
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Every Country with Unrestricted Birthright Citizenship (jus soli):​

The following countries have unrestricted birthright citizenship: Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Brazil, Canada, Chad, Costa Rica, Cuba, Dominica, Ecuador, El Salvador, Fiji, Grenada, Guatemala, Guyana, Honduras, Jamaica, Lesotho, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Tanzania, Trinidad and Tobago, Tuvalu, the United States, Uruguay, and Venezuela.
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link
 
Ken King

Ken King

A little rusty but not crusty
PREMO Member
SamSpade said:
"Birthright citizenship" arose from a note written by Justice Brennan in 1982. Yep. Before that, the 14th Amendment was interpreted the way it was intended to be interpreted - and we enforced it as such. His opinion does not carry the force of law.
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As I understand the matter of "birthright citizenship" it was in the late 1890s that Justice Horace Gray opined the current interpretation of "jus soli" in the case of US v Wong Kim Ark.
SamSpade said:
The 14th Amendment was written entirely to grant citizenship - to slaves - and their children. Period.
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And would not apply to Native Americans either.
SamSpade said:
As I understand it - you don't need an amendment to end it. You just need to end the ridiculous interpretation of the law per Brennan.

The way we use the law - we're one of just two countries in the world that do it this way.
Click to expand...
Yep, all that is needed is a new opinion.
 
Ken King

Ken King

A little rusty but not crusty
PREMO Member
stgislander said:
If I remember my reading of the Congressional Record correctly, when the 14th was being debated in Congress, it was decided that children born to Chinese brought over to build the western railroads (their immigrant status was not assured due to anti-Chinese sentiments) were also included in citizenship.
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Not sure that is correct as, by treaty, no Chinese subject in the United States could become a naturalized citizen.
 
Monello

Monello

Smarter than the average bear
PREMO Member
vraiblonde said:
If you're not a citizen or a legal permanent resident, your kid shouldn't get citizenship just because it happened to be born here. Alternately I'd go for the baby having US citizenship but that doesn't mean mommy and daddy get it too. It means when you go back to your home country, you can either take your baby with you or leave it at an orphanage, your choice. But you don't get to stay.
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Here's what I understand about the birthing vacation industry. Many Chinese take advantage of this loophole. Have a kid in the US and your offspring is an American. Later when the child turns 18, they can move to the US. Later, when the parents are retirement age, they relocate legally to the US, using the anchor child. At age 66, the foreign born parents will be eligible to social security.

Lots of social security abuses going on with foreigners. Obama's aunt, Zeituni Onyango, got a social security card & benefits even though she was twice ordered to be deported. Of course all that changed once her nephew was elected president and she was allowed to legally stay.
 
Clem72

Clem72

Well-Known Member
Monello said:
Later, when the parents are retirement age, they relocate legally to the US, using the anchor child. At age 66, the foreign born parents will be eligible to social security.
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You do realize you need to work 40 quarters (10 years) to be eligible, and the benefit is based on your highest 35 years of work?
 
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