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Old 06-16-2010, 09:35 AM
 
166 posts, read 212,151 times
Reputation: 117

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I agree that clarifying this amendment is a step in the right direction. I think we need to also put an instant halt to chain migration.
It would take away the incentive to give birth on U.S soil.
Illegal gives birth in the U.S.? As it stands right now, they're considered American Citizens (for now!). We've all been told that changing the 14th is 'never' going to hapen.
So, say an illegal gives birth on U.S. soil...baby is a citizen. Parents need deported..taking baby with them. When Baby turns 18, the U.S. citizen can return but CANNOT sponsor any family, immediate or otherwise.
Would this be 'easier' (read quicker!) than waiting to amend the 14 amendment?
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Old 06-16-2010, 09:47 AM
 
Location: Littleton, CO
20,894 posts, read 13,112,272 times
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Quote:
Originally Posted by mom2ten View Post
I agree that clarifying this amendment is a step in the right direction. I think we need to also put an instant halt to chain migration.
It would take away the incentive to give birth on U.S soil.
Illegal gives birth in the U.S.? As it stands right now, they're considered American Citizens (for now!). We've all been told that changing the 14th is 'never' going to hapen.
So, say an illegal gives birth on U.S. soil...baby is a citizen. Parents need deported..taking baby with them. When Baby turns 18, the U.S. citizen can return but CANNOT sponsor any family, immediate or otherwise.
Would this be 'easier' (read quicker!) than waiting to amend the 14 amendment?
You could accomplish this only by eliminating "chain migration" for everybody, not just for folks designated as "anchor babies." That would violate the equal protection clause (that darned 14th Amendment again!).

So... yes you could affect this sort of change by changing immigration law. But you could not do it just to effect "anchor babies." It would have to apply equally to all American citizens who, under current law, seek to sponsor family for immigration purposes.
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Old 06-16-2010, 09:57 AM
 
851 posts, read 3,151,817 times
Reputation: 449
Quote:
Originally Posted by HistorianDude View Post
You could accomplish this only by eliminating "chain migration" for everybody, not just for folks designated as "anchor babies." That would violate the equal protection clause (that darned 14th Amendment again!).

So... yes you could affect this sort of change by changing immigration law. But you could not do it just to effect "anchor babies." It would have to apply equally to all American citizens who, under current law, seek to sponsor family for immigration purposes.

The only thing that is needed is to add a clause to the current law by saying if the anybody tries to sponsor someone, who has been to USA illegally, the beneficiary must wait 10 years from the later of the date that he/she becomes eligible or starts filing such application.

So if the anchor baby tries to sponsor their parents, they are likely must wait 10 years for penalty and another 5 for processing.

I would be OK with that.
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Old 06-16-2010, 10:00 AM
 
166 posts, read 212,151 times
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Then, make it law across the board. Or...the only legal sponsoring is through marriage, as in, you can only sponsor your foreign born spouse.
I just think it needs some tweaking. As it is now, there's no end to the madness.
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Old 06-16-2010, 10:50 AM
 
Location: Littleton, CO
20,894 posts, read 13,112,272 times
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Quote:
Originally Posted by mom2ten View Post
Then, make it law across the board. Or...the only legal sponsoring is through marriage, as in, you can only sponsor your foreign born spouse.
I just think it needs some tweaking. As it is now, there's no end to the madness.
You can tweak those laws as much as you want. They're just laws. Just as long as you tweak them the same for everybody.
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Old 06-16-2010, 10:53 AM
 
Location: Littleton, CO
20,894 posts, read 13,112,272 times
Reputation: 3949
Quote:
Originally Posted by TheStupid View Post
The only thing that is needed is to add a clause to the current law by saying if the anybody tries to sponsor someone, who has been to USA illegally, the beneficiary must wait 10 years from the later of the date that he/she becomes eligible or starts filing such application.

So if the anchor baby tries to sponsor their parents, they are likely must wait 10 years for penalty and another 5 for processing.

I would be OK with that.
I think you have residency confused with citizenship... but that's okay, I think I get your concept. Not sure this would accomplish what you want it to accomplish, but it seems perfectly Constitutional.
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Old 06-16-2010, 12:03 PM
 
Location: SouthCentral Texas
3,855 posts, read 4,085,289 times
Reputation: 957
Quote:
Originally Posted by mom2ten View Post
I agree that clarifying this amendment is a step in the right direction. I think we need to also put an instant halt to chain migration.
It would take away the incentive to give birth on U.S soil.
Illegal gives birth in the U.S.? As it stands right now, they're considered American Citizens (for now!). We've all been told that changing the 14th is 'never' going to hapen.
So, say an illegal gives birth on U.S. soil...baby is a citizen. Parents need deported..taking baby with them. When Baby turns 18, the U.S. citizen can return but CANNOT sponsor any family, immediate or otherwise.
Would this be 'easier' (read quicker!) than waiting to amend the 14 amendment?
I cant recall anyone on this forum sayin that the 14th cant be amended.
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Old 06-16-2010, 12:29 PM
 
4,802 posts, read 3,136,719 times
Reputation: 1098
I believe it should be argued that the "intent" of the 14th Amendment was addressing slaves brought here against their will. Illegals Aliens are not coming to the United States against their will and thus, the original "intent" of the law does not and should not apply to them.

I believe that if they do come to the US and birth a child, that child should be issued a birth certificate, but not an American Citizenship.

American Citizenship should be made by someone who is legally of age to decide if they want to become a part of this Union, fully denouncing the country they are leaving. That means leaving the Mexican flag, et al, behind.
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