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So where and by what process is citizenship gained?
You need to look at/read the Department of States Foreign Affairs manual as it interprets the INA's over the years (1795-) to include its own interpretation of SCOTUS rulings.
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside."
This excludes foreigners who are subject to other jurisdictions, such as babies of Mexican mothers...
How is a baby foreign to the place it is born? Your last sentence argues the foreignness of the baby, not the mother. Why do you also mention a specific nationality (Mexican mothers can be in different immigration statuses within the United States)?
Wrong and wrong. The Supreme Court has made numerous correct interpretations of the 14th Amendment in addition to its incorrect interpretations. Normal jurisprudence is that anchor babies are not citizens. We are the only country in the world with this insane policy...
Wrong, we're actually with nearly all countries in the Western Hemisphere (layman's terms: this half of the world) to have the policy of jus soli...
I love the part when there is an actual discussion, don't really care for the part when you try as hard as you can to attack who you are debating. Despite the topic change that happened here, I think it would be really good for the forum if you focused on discussing instead of focusing on making it personal.
Yac.
DOS recently changed the definition in the Foreign Affairs Manuel (8/21/2009 - Obama Admin took over in Jan 2009) to what it now states: d. “Subject to the Jurisdiction of the United Statesâ€: All children born in and subject, at the time of birth, to the jurisdiction of the United States acquire U.S. citizenship at birth even if their parents were in the United States illegally at the time of birth. http://www.state.gov/documents/organization/86755.pdf
It will change again when a consentualist takes over the Admin.
Right, what I'm saying is if the definition was changed in a more controversial way, less in accordance with how the government has been operating for decades, you'd be likely to see a challenge.
How is a baby foreign to the place it is born? Your last sentence argues the foreignness of the baby, not the mother. Why do you also mention a specific nationality (Mexican mothers can be in different immigration statuses within the United States)?
A kid born in Germany AINT German unless one parent IS German. Birthright aint a part of rich nations cept the USA.
A kid born in Germany AINT German unless one parent IS German. Birthright aint a part of rich nations cept the USA.
Yeah, Canada is such a third world country.
Seriously, this arugment is ridiculous, because we could easily turn it around and say that Communist countries (Cuba, China, North Korea) all refuse to observe Jus Soli. Wow, this is really getting us somewhere!
If you asked most Americans if an illegal alien should be able come here, give birth and then have the child given American citizenship they would say no. That's all that should matter.
It would be really nice if most Americans felt their voices are heard on this issue. Instead all we get is pandering to the hispanic lobby from politicians and arguments that anyone who does not believe in open borders and the massive importation of low skilled migrants is a racist.
The courts should listen to the people. Not La Raza or Roberto Menendez or greedy employers or Mexico's government. The people of the United States. Most of us rightfully feel that our citizenship laws should not be abused by foreign nationals. No one should ever be entitled to come here nine months pregnant with the express purpose of having the American taxpayer pay for their birthing costs and shell out welfare to the baby and its mother for eighteen years.
That's abuse. It needs to stop.
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