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So here's the summary of this topic. Somebody assumes the federal government is choosing to ignore federal laws for whatever reason. Ice uncovered what that reason is, and it's due to lack of funding, pure and simple.
Regarding jus soli, the stance from the right is, illegal immigrants are not subject to the jurisdiction of the US, so their kids shouldn't get US citizenship, like diplomats' kids. My argument is, illegal immigrants cannot claim diplomatic immunity from US laws, so, they would fall under the jurisdiction of the US. That's my interpretation.
The other calls into question the status of Native Americans concerning the 14th amendment. If I'm understanding it right, if Natives are subject to US jurisdiction, why so they need the various Indian citizenship acts and so forth? Funny how it mirrors my own situation. Prior to the Jones-Foraker Act, anyone born in Puerto Rico were not 14th amendment citizens, presumably because we were not subject to the jurisdiction of the US. The Act was passed, making us subject to jurisdiction, and so then I was born after the Act was passed, making me a 14th amendment citizen. From what I understand, everyone born in the 50 states and the District of Columbia are citizens of the states they are born in, which mwans under the text of the 14th, they are also citizens of the United States. So, I don't see what the issue is concerning "anchor babies" and it really wasn't an issue before the 1990s
Was there ever a time when the federal government enforced all its' laws? (BTW, they're your laws, too).
Does that mean I can choose to violate any Federal Law/s I want to and get away with it? Or is the Fed Gov actually in violation of the Constitution's equal protection clause by enforcing some laws but not others?
The Constitution says they are citizens The only way to change it is through the amendment process.
The 14th does not say that illegal aliens, disrespecting our laws, can sneak into our country, pop out a kid before ICE can catch and deport them, and get to call it an American citizen.
We the people must have a say in who is granted US citizenship, either at birth or thru our immigration and naturalization process.
We are not so stupid as to authorize every woman on earth with the the power to grant US citizenship to their child, if they can only pop out a kid within our borders by hook, or by crook, or by simply buying a airline ticket, traveling to the US on a tourist visa and having their baby in the US.
The Civil Rights Act of 1866 was clearly trying to confer citizenship to any slave born on our shores, but did not confer citizenship if the parents were citizens of a foreign country.
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; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude...
The 14th amendment was written only two years later, and it too was trying to ensure citizenship to slaves, no matter which state they were born in. It described citizenship only for the children of people who were "subject to the jurisdiction" of the USA, which is just another way of saying they cannot be "subject to any foreign power."
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 US Constitution does not confer citizenship to the anchor babies born to non-US citizen parents who reside illegally withing the USA. The very act a foreigner takes by residing in the US illegally, is them refusing to acknowledge US legal jurisdiction. They cannot simultaneously reject US jurisdiction, and then avail themselves of our jurisdiction at the same time. Besides, a foreigner does not get to decide US legal jurisdiction.
Last edited by Wapasha; 11-27-2016 at 01:33 PM..
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