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Old 02-18-2010, 05:22 PM
 
Location: Mesa, Az
21,148 posts, read 36,615,542 times
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Quote:
Originally Posted by chicagonut View Post
Well unfortunately that is all we are going to get out of this bill. Ideally, we would require that both parents be citizens in order for their newborn to gain birthright citizenship but that just isn't going to happen. So we will have to settle for one parent being the qualifier. I do know that citizens do marry illegals but I doubt that they are among the majority. Of course this would open up a whole new avenue for fraud for the future. I'd rather we had an airtight birthright citizenship clause.
In all fairness: if one parent is a US citizen or at least a green card holder; I would be OK in their US born kid being a US citizen by birthright.

Too; let's say an American woman went overseas and wound up pregnant by a local guy..........denying her child birthright citizenship would be immoral IMHO.
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Old 02-18-2010, 05:26 PM
 
Location: central Oregon
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Quote:
Originally Posted by 1751texan View Post
Maybe because Mr. Schuck is giving his assement of the 14th amendment and doesn't provide any example of proof from the very document he wishes to explain.

No where in the 14th amendment does it speak of the "Parents" jurisdiction or allegiance. Niether Professor Schuck nor Dr. Eastman can show any example of their "explanations" of Parental Juisdiction vis a vis The 14th Amendment or the American Jurisprudence.
You are right, this isn't written into the amendment, however, I think any reasonably intelligent person would understand that it is IMPLIED.

If the parents are illegal the child should be illegal.
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Old 02-18-2010, 05:26 PM
 
14,307 posts, read 11,146,155 times
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Quote:
Originally Posted by ArizonaBear View Post
In all fairness: if one parent is a US citizen or at least a green card holder; I would be OK in their US born kid being a US citizen by birthright.

Too; let's say an American woman went overseas and wound up pregnant by a local guy..........denying her child birthright citizenship would be immoral IMHO.
Well I would be ok with that also but you know there is going to be some fraud within our own borders with an illegal marrying an American in order to give birth to a U.S. citizen child. The fraud could be on the part of the illegal or the American. I would just as soon close the loopholes.
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Old 02-18-2010, 05:31 PM
 
Location: ...at a 3AM epiphany
2,206 posts, read 2,137,548 times
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Quote:
Originally Posted by chicagonut View Post
Well I would be ok with that also but you know there is going to be some fraud within our own borders with an illegal marrying an American in order to give birth to a U.S. citizen child. The fraud could be on the part of the illegal or the American. I would just as soon close the loopholes.
To me, this is the issue. close the loopholes and then perhaps in some sense take it on a case by case. Clog up the courts with issues that are at least valid, not presumed.
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Old 02-18-2010, 05:42 PM
 
Location: Mesa, Az
21,148 posts, read 36,615,542 times
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Quote:
Originally Posted by chicagonut View Post
Well I would be ok with that also but you know there is going to be some fraud within our own borders with an illegal marrying an American in order to give birth to a U.S. citizen child. The fraud could be on the part of the illegal or the American. I would just as soon close the loopholes.
Well; even if a US citizen pulled such a scam, the illegal alien partner would still need to be deported---------no questions asked. And quite often the American spouse would follow his/her SO back to its country--------taking their US born child with them.
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Old 02-18-2010, 05:43 PM
 
14,307 posts, read 11,146,155 times
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Quote:
Originally Posted by getout View Post
To me, this is the issue. close the loopholes and then perhaps in some sense take it on a case by case. Clog up the courts with issues that are at least valid, not presumed.
Here is one fraud situation that could occur with only requiring one parent to be a citizen or legal resident. Pregnant illegal or would be mom pays American citizen to marry her so her child gains automatic citizenship. In the first scenario the American is not the father of the baby. Would a DNA test be required to determine if the American is really the father of the baby? In scenario two illegal marries an American for the purpose of gaining birthright citzenship for her future child. Either way we have an open window for fraud.
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Old 02-18-2010, 05:50 PM
 
Location: Oklahoma(formerly SoCalif) Originally Mich,
13,387 posts, read 16,200,288 times
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Quote:
Originally Posted by ArizonaBear View Post
Well; even if a US citizen pulled such a scam, the illegal alien partner would still need to be deported---------no questions asked. And quite often the American spouse would follow his/her SO back to its country--------taking their US born child with them.
That's called "cuttin' out the middle man"
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Old 02-18-2010, 05:59 PM
 
Location: ...at a 3AM epiphany
2,206 posts, read 2,137,548 times
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Quote:
Originally Posted by chicagonut View Post
Here is one fraud situation that could occur with only requiring one parent to be a citizen or legal resident. Pregnant illegal or would be mom pays American citizen to marry her so her child gains automatic citizenship. In the first scenario the American is not the father of the baby. Would a DNA test be required to determine if the American is really the father of the baby? In scenario two illegal marries an American for the purpose of gaining birthright citizenship for her future child. Either way we have an open window for fraud.
I agree with ya chicagonut, and I am sure there are plenty more. Lots of lawyers with sharp pencils are devising them as we speak for each bill introduced. Stopping the motivation by mass is most important and ridding the instant birthright misinterpretation is a very good start. To make it LOUD and CLEAR forgoing any other misconceptions. It is too bad when passed it is not retroactive.

Last edited by getout; 02-18-2010 at 07:02 PM..
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Old 02-18-2010, 06:10 PM
 
Location: San Diego
32,799 posts, read 30,034,103 times
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It so cracks me up to hear the Pro-Illegals squawk about how our laws are so "wrong" and that they need modified until, of course, we talk about the 14th, then they are quite alright with it and bellow about how it can't be changed.
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Old 02-18-2010, 06:25 PM
 
14,307 posts, read 11,146,155 times
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Quote:
Originally Posted by 1AngryTaxPayer View Post
It so cracks me up to hear the Pro-Illegals squawk about how our laws are so "wrong" and that they need modified until, of course, we talk about the 14th, then they are quite alright with it and bellow about how it can't be changed.
Absolutely, what hypocricy on their part.
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