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A county leader says automatic citizenship issue is "ripe for litigation."
County Commissioner Bill James cited opinions among members of congress and some legal think tanks when he wrote me last week saying U.S.-born children of illegal immigrants should not be granted automatic citizenship.
He was responding to my story about U.S. Rep. Nathan Deal of Georgia and his efforts to change a federal policy that automatically grants citizenship to any baby born on U.S. soil. He and his supporters feel the current policy encourages illegal immigration and makes immigration enforcement more difficult.
James supports the effort, but questions whether the policy needs to be changed. He argues it was “never written to include everyone born in America.”
The debate is wrapped up in the 14th Amendment of the Constitution. Ratified in 1869, it was written as a result of slavery. States were saying African Americans were not citizens and therefore were not eligible for any rights. The amendment states:
“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."
The question at hand is whether the U.S.-born children of illegal immigrants should be considered "subject to the jurisdiction" of the U.S.
James argues they’re not.
The longstanding practice giving U.S.-born children of illegal immigrants birthright citizenship has never been directly reviewed by the Supreme Court.
Interesting . . . Benicar and I were just having a discussion about the 14th needing to be challenged at the Supreme Court level. Here's hoping it will be.
I certainly hope it comes up for litigation, but it will have to go through the courts. And isn't that what caused the problem in the first place.....some justice's interpretation as to the meaning of the 14th ?
I certainly hope it comes up for litigation, but it will have to go through the courts. And isn't that what caused the problem in the first place.....some justice's interpretation as to the meaning of the 14th ?
I wonder how sotomayor will vote on this one ?
one guess.......
As if we have to guess . . . . Then again she may start thinking about those 7,000 American children of Puerto Rican descent that had their identities stolen by mexican illegals. That would probably be a mind changer. As for the 14th amendment, there is no longer a legitimate reason for it to be on the books. None of those who deliberately breed to abuse it are the descendants of slaves.
I totally agree. This along with e-verify would be great deterrants to illegal immigration. If these anchors weren't deemed citizens it would save us tons of taxes in caring for many of them via welfare up to their 18th birthday. It has made a mockery of our citizenship riddled with abuse.
I totally agree. This along with e-verify would be great deterrants to illegal immigration. If these anchors weren't deemed citizens it would save us tons of taxes in caring for many of them via welfare up to their 18th birthday. It has made a mockery of our citizenship riddled with abuse.
Yes indeed. The mandatory use of E-verify is another issue that needs to reach the Supreme Court.
The longstanding practice giving U.S.-born children of illegal immigrants birthright citizenship has never been directly reviewed by the Supreme Court.
It has been ruled on by the Supreme Court:
Quote:
The correct interpretation of the 14th Amendment is that an illegal alien mother is subject to the jurisdiction of her native country, as is her baby.
Quote:
The Court essentially stated that the status of the parents determines the citizenship of the child. To qualify children for birthright citizenship, based on the 14th Amendment, parents must owe "direct and immediate allegiance" to the U.S. and be "completely subject" to its jurisdiction. In other words, they must be United States citizens.
A county leader says automatic citizenship issue is "ripe for litigation."
County Commissioner Bill James cited opinions among members of congress and some legal think tanks when he wrote me last week saying U.S.-born children of illegal immigrants should not be granted automatic citizenship.
He was responding to my story about U.S. Rep. Nathan Deal of Georgia and his efforts to change a federal policy that automatically grants citizenship to any baby born on U.S. soil. He and his supporters feel the current policy encourages illegal immigration and makes immigration enforcement more difficult.
James supports the effort, but questions whether the policy needs to be changed. He argues it was “never written to include everyone born in America.”
The debate is wrapped up in the 14th Amendment of the Constitution. Ratified in 1869, it was written as a result of slavery. States were saying African Americans were not citizens and therefore were not eligible for any rights. The amendment states:
“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."
The question at hand is whether the U.S.-born children of illegal immigrants should be considered "subject to the jurisdiction" of the U.S.
James argues they’re not.
The longstanding practice giving U.S.-born children of illegal immigrants birthright citizenship has never been directly reviewed by the Supreme Court.
Interesting . . . Benicar and I were just having a discussion about the 14th needing to be challenged at the Supreme Court level. Here's hoping it will be.
"Subject to the jurisdiction", How come nobody ever asks me??
County Commisioner Bill James is not part of the Supreme Court and has no authority at a federal level.
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Then again she may start thinking about those 7,000 American children of Puerto Rican descent that had their identities stolen by mexican illegals. That would probably be a mind changer.
