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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;
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.
It seems that you're hung up on the historical technicality concerning 8 U.S.C § 1401(b). You fail to understand that because of demographic trends, 8 U.S.C § 1401(b) wasn't necessary when it was included in U.S. nationality law, and that it remains on the books to ensure the "forced assimilation" of members of "Indian, Eskimo, Aleutian, or other aboriginal tribes."
As for the U.S.-born children of "unauthorized migrants," 8 U.S.C § 1401(a) covers them, and 119 years of Federal policy and SCOTUS decisions after Wong Kim Ark support that particular view.
Quote:
Originally Posted by InformedConsent
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.
Okay, define "permanent domicile." Here's the text of first two paragraphs of Wong Kim Ark, which may (or may not) help you out…
A child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States, by virtue of the first clause of the Fourteenth Amendment of the Constitution,
All person 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.
They're only taxed if they make over $101k USD a year.
Not necessarily a mark in the win column; again it is a numbers game, for the U.S. purse. Then there is the hassle and expense to the citizen of filing two tax returns every year, regardless of the amount of money they earned that year. 5411 people this year said no more and I don't blame 'em.
It seems that you're hung up on the historical technicality concerning 8 U.S.C § 1401(b). You fail to understand that because of demographic trends, 8 U.S.C § 1401(b) wasn't necessary when it was included in U.S. nationality law, and that it remains on the books to ensure the "forced assimilation" of members of "Indian, Eskimo, Aleutian, or other aboriginal tribes."
No, it remains on the books to grant birthright US citizenship to US-born members of US Native Americans in accordance with the Indian Citizenship Act of 1924. Otherwise, they would not have it.
Quote:
As for the U.S.-born children of "unauthorized migrants," 8 U.S.C § 1401(a) covers them, and 119 years of Federal policy and SCOTUS decisions after Wong Kim Ark support that particular view.
No, it does not. Wong Kim Ark's parents were permanently domiciled in the US, and the ruling specifically states that domicile as a condition on which WKA's birthright citizenship is based. Illegal aliens aren't permanently domiciled in the US. They aren't even supposed to be here at all.
Quote:
Okay, define "permanent domicile."
In the practice of law, one's domicile is one's lawful residence. It's why a resident of one state can't venue shop courts, judges, etc., and sue someone/an entity in which neither party (or none of the parties) has a legal domicile. For example, if a married couple's domicile is in Illinois, neither of the two can file for divorce in California.
No, it remains on the books to grant birthright US citizenship to US-born members of US Native Americans in accordance with the Indian Citizenship Act of 1924. Otherwise, they would not have it.
No, it does not. Wong Kim Ark's parents were permanently domiciled in the US, and the ruling specifically states that domicile as a condition on which WKA's birthright citizenship is based. Illegal aliens aren't permanently domiciled in the US. They aren't even supposed to be here at all.
In the practice of law, one's domicile is one's lawful residence. It's why a resident of one state can't venue shop courts, judges, etc., and sue someone/an entity in which neither party (or none of the parties) has a legal domicile. For example, if a married couple's domicile is in Illinois, neither of the two can file for divorce in California.
No, it remains on the books to grant birthright US citizenship to US-born members of US Native Americans in accordance with the Indian Citizenship Act of 1924. Otherwise, they would not have it.
Wrong. Looks like you've flunked demography and history pertaining to members of "Indian, Eskimo, Aleutian, or other aboriginal tribes" in the United States. When two-thirds of a population are already U.S. citizens has offspring with the remaining third that are non-citizens, there's a high probability that those offspring are going to be U.S. citizens at birth. Thus, no additional legislation was required; however, to ensure "assimilation," U.S. citizenship was forced upon the "holdouts."
No, it does not. Wong Kim Ark's parents were permanently domiciled in the US, and the ruling specifically states that domicile as a condition on which WKA's birthright citizenship is based. Illegal aliens aren't permanently domiciled in the US. They aren't even supposed to be here at all.
Wrong. Because of the Chinese Exclusion Act of 1882, Wong Kim Ark's parents were "aliens ineligible for citizenship." Moreover, if they had left the United States, they probably would not have been allowed to return, despite their so-called "permanent domicile." United States v. Ju Toy, 198 U.S. 253 (1905), illustrates that even U.S. citizens of Chinese ancestry were subject to deportation if they had the temerity to travel abroad.
Study Question: What's the difference between an "alien ineligible for citizenship" and a so-called "illegal alien?"
Quote:
Originally Posted by InformedConsent
In the practice of law, one's domicile is one's lawful residence. It's why a resident of one state can't venue shop courts, judges, etc., and sue someone/an entity in which neither party (or none of the parties) has a legal domicile. For example, if a married couple's domicile is in Illinois, neither of the two can file for divorce in California.
Sadly, it's quite apparent that you haven't been anywhere near a decent legal dictionary, such as "Black's Law Dictionary."
Here's a little something from an old copy of Black's Law Dictionary (4th Edition) that might help…
As "domicile" and "residence" are usually in the same place, they are frequently used as if they had the same meaning, but they are not identical terms, for a person may have two places of residence, as in the city and country, but only one domicile. Residence means living in a particular locality, but domicile means living in that locality with intent to make it a fixed and permanent home. Residence simply requires bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place and also an intention to make it one's domicile. Fuller v. Hofferbert, C./A.Ohio, 204 F.2d 592, 597. [see also In re Riley's Will, 266 N.Y.S. 209, 148 Misc. 588.] "Residence" is not synonymous with "domicile," though the two terms are closely related; a person may have only one legal domicile at one time, but he may have more than one residence. Fielding v. Casualty Reciprocal Exchange, L.App., 331 So.2d 186, 188.
In certain contexts the courts consider "residence" and "domicile" to be synonymous (e.g. divorce action, Cooper v. Cooper, 269 Cal.App.2d 6, 74 Cal. Rptr. 439, 441); while in others the two terms are distinguished (e.g. venue, Fromkin v. Loehmann's Hewlett, Inc., 16 Misc.2d 117, 184 N.Y.S.2d 63, 65).
Wrong. Looks like you've flunked demography and history pertaining to members of "Indian, Eskimo, Aleutian, or other aboriginal tribes" in the United States. When two-thirds of a population are already U.S. citizens has offspring with the remaining third that are non-citizens, there's a high probability that those offspring are going to be U.S. citizens at birth. Thus, no additional legislation was required; however, to ensure "assimilation," U.S. citizenship was forced upon the "holdouts."
Wrong. Because of the Chinese Exclusion Act of 1882, Wong Kim Ark's parents were "aliens ineligible for citizenship." Moreover, if they had left the United States, they probably would not have been allowed to return, despite their so-called "permanent domicile." United States v. Ju Toy, 198 U.S. 253 (1905), illustrates that even U.S. citizens of Chinese ancestry were subject to deportation if they had the temerity to travel abroad.
Study Question: What's the difference between an "alien ineligible for citizenship" and a so-called "illegal alien?"
Sadly, it's quite apparent that you haven't been anywhere near a decent legal dictionary, such as "Black's Law Dictionary."
Here's a little something from an old copy of Black's Law Dictionary (4th Edition) that might help…
As "domicile" and "residence" are usually in the same place, they are frequently used as if they had the same meaning, but they are not identical terms, for a person may have two places of residence, as in the city and country, but only one domicile. Residence means living in a particular locality, but domicile means living in that locality with intent to make it a fixed and permanent home. Residence simply requires bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place and also an intention to make it one's domicile. Fuller v. Hofferbert, C./A.Ohio, 204 F.2d 592, 597. [see also In re Riley's Will, 266 N.Y.S. 209, 148 Misc. 588.] "Residence" is not synonymous with "domicile," though the two terms are closely related; a person may have only one legal domicile at one time, but he may have more than one residence. Fielding v. Casualty Reciprocal Exchange, L.App., 331 So.2d 186, 188.
In certain contexts the courts consider "residence" and "domicile" to be synonymous (e.g. divorce action, Cooper v. Cooper, 269 Cal.App.2d 6, 74 Cal. Rptr. 439, 441); while in others the two terms are distinguished (e.g. venue, Fromkin v. Loehmann's Hewlett, Inc., 16 Misc.2d 117, 184 N.Y.S.2d 63, 65).
Now, try defining "permanent domicile" again…
Jim Crow was killed, the ban against Gay marriage was killed. Birthright citizenship for US born kids will be killed too, unless at least 1 parent's a US citizen.
Jim Crow was killed, the ban against Gay marriage was killed. Birthright citizenship for US born kids will be killed too, unless at least 1 parent's a US citizen.
Laws can and DO change.
Yep, laws can and DO change. As you've illustrated above, laws in the U.S. tend to become less restrictive over time. And, as "InformedConsent" has shown, "birthright citizenship" has been extended to groups that were previously excluded from it. A tortuous reinterpretation of existing law pertaining to "birthright citizenship" is probably not enough to exclude the U.S.-born offspring of "unauthorized migrants." However, an amendment to the U.S. Constitution can do the job.
Just for fun, let's assume that "birthright citizenship" is eliminated for the offspring of "unauthorized migrants." Here's a link to a Migration Policy Institute (MPI) brief entitled, "The Demographic Impacts of Repealing Birthright Citizenship" that shows the likely effects… The Demographic Impacts of Repealing Birthright Citizenship | migrationpolicy.org
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