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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States;
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It has never been repealed, rescinded, or struck down, so it remains fully in force today.
There was some question whether Congress had the authority to pass such a law at the time. But it was never brought before a court or otherwise legally challenged. And the enactment of the 14th amendment a short time later, made it completely constitutional.
Since illegal aliens are subject to a foreign power (the country they came from), they are clearly not citizens of the U.S. And neither are their US-born babies.
This just isn't true. It has been challenged in court with Wong Kim Ark.
I voted for Trump but am against an executive order to end birth to citizenship. I’m against this path to citizenship but I want it repealed through Congressional action in accordance with the US Constitution.
I think that people in the country illegally, either by overstaying a visa or by illegally entry, should not have their kids who are born here given US citizenship automatically by birth.
I think that people in the country illegally, either by overstaying a visa or by illegally entry, should not have their kids who are born here given US citizenship automatically by birth.
The problem is pregnant women delivering here to get citizenship for their baby, followed by gaming the system to get benefits for the new "citizen". So let's allow the baby to become a citizen, the parent to remain an illegal alien, and when it is time to deport the illegal alien, that person can decide whether to keep their baby with them, or give it up for adoption. In either case, the baby can retain citizenship, but cannot exercise those rights until the age of majority.
We need to make it so that there is no benefit for an illegal alien to give birth to a baby in the United States. That should drastically reduce the problem.
The founding fathers probably never envisioned illegal aliens overrunning our borders and taking advantage of social programs designed for citizens. Or using hospital emergency rooms as primary care. Or using our schools for free daycare and education for their children. That wasn't a thing then, but it is now. It should be fairly simple to redesign the law to prevent any benefit from accruing to an illegal alien. E-verify everything, adjust citizenship laws, etc. Then, when the benefit to being here illegally is gone, and it is literally hell to live here illegally, then guess what? The border patrol will have little to do except interdict drug runners from south of the border.
Birthright citizenship is obviously not in the best interests of any wealthy country. Even the Euros would agree on that. I voted for the constitutional amendment because that would be the strongest, most permanent measure, but I'm certainly not opposed to action being taken by the president or congress.
First thing to do and the easiest is to stop 'tourist birth' scams out of business.
Those make a small fraction of births. Those are also the easiest to stop, at least minimize, just stop issuing visas to pregnant women. Countries where people come from that do this generally need visas to enter the US.
Or restrict it more and say only citizens and permanent residents who have kids here are granted automatic citizenship.
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