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Old 05-07-2010, 05:45 PM
 
14,307 posts, read 11,185,212 times
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[quote=1751texan;14082102]
Quote:
Originally Posted by Wapasha View Post
The US Constitution does not say anyone that has a baby in our country is granted automatic citizenship.

The 14th Amendment reads in part:

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.

A foreign citizen who crosses our borders is a citizen of their country of origin, and is not "subject to the jurisdiction" of the United States, and thus any child born by them is not entitled to US citizenship, the child a citizen of the same country as that of their parent. A person is not "subject to the jurisdiction" of the United States after the fact.[/quote]

The Child is subject to the jurisdiction thereof, and since he is the citizen it works out.
Except the writers of the 14th Amendment specifically excluded children of illegal aliens.
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Old 05-07-2010, 05:47 PM
 
19,503 posts, read 13,275,240 times
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Quote:
Originally Posted by 1751texan View Post
The Child is subject to the jurisdiction thereof, and since he is the citizen it works out.
The mother was not under US jurisdiction, so neither is the child. Otherwise every foreign tourist, diplomat or college student who has a child in this country will go home with a child at their breast, who is a foreigner, an American citizen.

Last edited by Wapasha; 05-07-2010 at 06:24 PM..
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Old 05-07-2010, 05:49 PM
 
Location: Mastic Beach
752 posts, read 1,245,450 times
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send them home with mom and pop...the kid can come back when he's 18
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Old 05-07-2010, 05:55 PM
 
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The reason that it worded as such, was to exclude forcing the US citizenship on the children of foreign visitors, clergy, diplomats, tourists etc... this excludes granting citizenship for the children of foreigners violating our sovereign borders and immigration laws.

Illegal aliens are breaking our immigration laws and have, by their actions, evaded holding themselves "subject to the jurisdiction" of the United States.

Last edited by Wapasha; 05-07-2010 at 06:23 PM.. Reason: added last sentance
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Old 05-07-2010, 11:09 PM
 
Location: Charleston, SC
5,615 posts, read 12,467,007 times
Reputation: 2525
The kid will easily get dual citizenship with the country the parents are citizens of. The family should go to the nation where all members are legal. If that country happens to be somewhere other than here, sorry that happens sometimes.
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