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Old 05-12-2017, 06:33 AM
 
62,406 posts, read 27,779,745 times
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Quote:
Originally Posted by munna21977 View Post
What about children born in USA of those Foreign citizens who are present in USA on legal visas? A foreigner may be on tourist visa, student visa, dependent of H-1B visa worker in USA and then a kid is born.
Birthright citizenship should apply to them or not?
The relevant Wong Kim Ark ruling determinant is "permanent domicile." Foreigners in the US on tourist visas, student visas, H-1B visas, etc., are only temporarily domiciled in the US, as are illegal aliens who can be deported at any time.
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Old 05-12-2017, 09:19 AM
 
Location: World
3,148 posts, read 3,210,342 times
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Quote:
Originally Posted by InformedConsent View Post
The relevant Wong Kim Ark ruling determinant is "permanent domicile." Foreigners in the US on tourist visas, student visas, H-1B visas, etc., are only temporarily domiciled in the US, as are illegal aliens who can be deported at any time.
If parents are on legal visa, they are not illegal alien.
A person on Green Card (Permanent Residence or say Permanent Domicile) can also be deported. Legal residents seek citizenship when green cards are not enough – Press Enterprise
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Old 05-12-2017, 09:31 AM
 
62,406 posts, read 27,779,745 times
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Quote:
Originally Posted by munna21977 View Post
If parents are on legal visa, they are not illegal alien.
A person on Green Card (Permanent Residence or say Permanent Domicile) can also be deported.
So can a US citizen, under certain circumstances. You have no point.
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Old 05-12-2017, 09:56 AM
 
7,535 posts, read 4,025,701 times
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Quote:
Originally Posted by Ellis Bell View Post
If that's the case then I wonder why so many Americans (the amount has tripled) are giving up their citizenship, since the IRS is as you say, not tracking them down? They are even paying the 422% increase in exit fees and that just the starters in how much they stand to loose financially so as to do what, gain freedom? Seems like it isn't worth it if they are not paying their taxes.
Quote:
Originally Posted by Tigerlily87 View Post
Many countries allow the spouse to enter with intent to immigrate. The IRS may have zero idea that they've even left the country.
That may be, but you do understand where the 'birthright' is a numbers game with the U.S. in taxation? People are taxed based on their nationality, not their residency. Many are reporting that it is making their lives difficult to obtain work and/or even open a bank account. (etc.)

So any child born in the U.S. that grows up and becomes successful, is forever indebted to the U.S. government, even if they move (approx 7.6 million people) and take up residency in another country. That's the bottom line and the point that people against the birthright clause, seem to miss.

People may be against that clause for whatever reason, but changing it, means the U.S would miss out on a lot of money, the government does not ever intend to miss out.

anchor babies, forever tethered.
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Old 05-12-2017, 11:38 AM
 
Location: Kūkiʻo, HI & Manhattan Beach, CA
2,626 posts, read 6,002,747 times
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Quote:
Originally Posted by westcoastforme View Post
Ok....globalist ***hole govt writing it doesn't make it legit. I should have remembered both Bush's and many presidents before them were globalists.
Most U.S. presidents end by being "globalists" by default. Unfortunately, it's one of the side effects of U.S. imperialism.

Quote:
Originally Posted by westcoastforme View Post
Wong Kim ark case will make a supreme court decision ax birthright citizenship For illegals. Legally domiciled is key.
Under U.S. law, "domicile" is not necessarily synonymous with "residence." "Legally domiciled" doesn't mean what the average person thinks it means.
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Old 05-12-2017, 11:53 AM
 
62,406 posts, read 27,779,745 times
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Quote:
Originally Posted by Jonah K View Post
Under U.S. law, "domicile" is not necessarily synonymous with "residence." "Legally domiciled" doesn't mean what the average person thinks it means.
An illegal alien's permanent domicile is in the country that would issue their passport, were they to have one.
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Old 05-12-2017, 12:56 PM
 
Location: Kūkiʻo, HI & Manhattan Beach, CA
2,626 posts, read 6,002,747 times
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Quote:
Originally Posted by InformedConsent View Post
Why? We know for a fact by reading current nationality law and its list of 8 subsections of those who are legally US citizens at birth, that the only exception made for the US-born children whose parents are both foreign citizens/nationals is for the US-born children of members of US Native American tribes.

https://www.law.cornell.edu/uscode/text/8/1401

To reiterate... The only current legal exception to the "subject to the jurisdiction" requirement for US-born children of foreign nationals/citizens under federal law is made for the children of US Native American tribes, as specifically listed under subsection (b) of the current law:

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;


https://www.law.cornell.edu/uscode/text/8/1401

If all those born in the US are automatically US citizens at birth, subsection (b) would neither be included nor necessary.
I see that you're still trying to beat that "dead horse." If you go back and peruse 8 U.S.C § 1401, I hope that you realize that all of those members of "Indian, Eskimo, Aleutian, or other aboriginal tribes" that were previously excluded from "birthright citizenship" now have it.

Quote:
Originally Posted by InformedConsent View Post
Furthermore, there has NEVER been a SCOTUS case which ruled that the children of illegal aliens are US citizens. Never.
Based on 8 U.S.C § 1401(a), which you've mentioned numerous times, such a ruling by the SCOTUS is unnecessary.

Quote:
Originally Posted by InformedConsent View Post
An illegal alien's permanent domicile is in the country that would issue their passport, were they to have one.
Under U.S. law, that's not necessarily correct. Look up the difference between "domicile" and "residence."
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Old 05-12-2017, 12:58 PM
 
1,225 posts, read 361,599 times
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Quote:
Originally Posted by Ellis Bell View Post
That may be, but you do understand where the 'birthright' is a numbers game with the U.S. in taxation? People are taxed based on their nationality, not their residency. Many are reporting that it is making their lives difficult to obtain work and/or even open a bank account. (etc.)

So any child born in the U.S. that grows up and becomes successful, is forever indebted to the U.S. government, even if they move (approx 7.6 million people) and take up residency in another country. That's the bottom line and the point that people against the birthright clause, seem to miss.

People may be against that clause for whatever reason, but changing it, means the U.S would miss out on a lot of money, the government does not ever intend to miss out.

anchor babies, forever tethered.
They're only taxed if they make over $101k USD a year.
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Old 05-12-2017, 01:40 PM
 
5,971 posts, read 2,791,931 times
Reputation: 3921
Quote:
Originally Posted by munna21977 View Post
What about children born in USA of those Foreign citizens who are present in USA on legal visas? A foreigner may be on tourist visa, student visa, dependent of H-1B visa worker in USA and then a kid is born.
Birthright citizenship should apply to them or not?
Legally yes it is good for an employment visa.

Travel visas should not allow kids to get citizenship. Its insanity
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Old 05-12-2017, 01:45 PM
 
62,406 posts, read 27,779,745 times
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Quote:
Originally Posted by Jonah K View Post
If you go back and peruse 8 U.S.C § 1401, I hope that you realize that all of those members of "Indian, Eskimo, Aleutian, or other aboriginal tribes" that were previously excluded from "birthright citizenship" now have it.
ONLY because there's a specific exception for them in federal nationality law:

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

https://www.law.cornell.edu/uscode/text/8/1401

This is what you're failing to understand... If all those born in the US are automatically US citizens at birth, subsection (b) would neither be included nor necessary in our CURRENTLY IN EFFECT nationality law.

There is no such legal exception made for the children of illegal aliens.

Quote:
Under U.S. law, that's not necessarily correct. Look up the difference between "domicile" and "residence."
No need. The WKA ruling specifically lists WKA's parents' "permanent domicile"as a qualifying condition of WKA's birthright US citizenship. Illegal aliens aren't permanently domiciled in the US. They aren't legally permitted to even be here at all.
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