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"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"
Except for those born to alien parents on Ellis Island. Please show us the 14th Amendment's statement of such an exception.
You can't because you're assertion of what the 14th Amendment means is totally inaccurate.
Wong Kim Ark's parents were Legal Permanent Residents of the US. Read the last, and defining, paragraph of the ruling. BIG difference. They were not illegal aliens.
If Wong Kim Ark had the same legal-status as his parents, he wouldn't have been a natural-born citizen. And Wong Kim Ark's parents NEVER received citizenship because of the Chinese Exclusion Act.
The Supreme Court declared Wong Kim Ark a natural-born citizen of the United States. He did not have the status of his parents, he never applied for US citizenship. Which again, he would not have received if he had applied, because of the Chinese Exclusion Act.
Quote:
Originally Posted by InformedConsent
It hasn't been 150 years. Why do people insist it has been? Ignorance? There's no excuse for that.
The 14th amendment was ratified in 1868. The year is currently 2018. And 2018 - 1868 = Exactly 150 years.
In its 150 year history, the birthright citizenship clause has always been applied/interpreted just as it is now, except for the four exception mentioned in the Kim Wong Ark case.
Nope. You're just flat out wrong. There are 3 SCOTUS cases indicating that those who were born in the US owing allegiance to others and/or were born to those who were not permanent legal alien resident parents aren't 14th Amendment citizens. There are also Federal Government rulings that those born in the US to alien parents who aren't permanent legal alien residents aren't 14th Amendment citizens, and Ellis Island's history of either deporting babies born to alien mothers on Ellis Island or classifying them as aliens. ALL corroborate the fact that those born in the US to alien parents who aren't legal immigrants aren't 14th Amendment citizens.
Archived Legal History matters. And there's a plethora of actual archival evidence. You'll just have to accept it.
Sorry but you are still cherry picking. There is absolute evidence that the Senators understood what they were enacting - even you have to note the discussions of the Gypsies and the Chinese.
There are all sorts of strange things that have occurred. Ells Island is also one of these legal fictions. Similar to the Cuban wet foot dry foot rule. Do you seriously believe US jurisdiction ends at the high tide line?
Your interpretation is actually hopeless as LPRs are as subject to foreign governments as are illegal aliens.
Evidence? I thought evidence usually came from verifiable sources
Fed Gov archives. Have at it.
Quote:
In 1892 a baby born to a mother who was deemed unfit for entry into the US was denied citizenship, authorities relied on a Treasury department decision stating that parents on Ellis Island had not "landed" but no record of that rule has been found and it appears to have been recalled by 1906 when all babies born at Ellis Island were granted citizenship.
That was later affirmed by a memo from the state department
"A child born in an immigration detention center physically located in the United States is considered to have been born in the United States and be subject to its jurisdiction. This is so even if the child's parents have not been legally admitted to the United States and, for immigration purposes, may be viewed as not being in the United States". Memorandum of the Office of the Solicitor for the Department of State on Ona Laszas (Feb. 6, 1930)
Immigration detention center, NOT a port of entry.
Immigration detention centers are not located at ports of entry. Aliens taken to immigration detention centers have been conditionally admitted to the US. Those who sneak across the border or overstay a temporary visa have no legal reason for being here. BIG difference.
The 14th amendment was ratified in 1868. The year is currently 2018. And 2018 - 1868 = Exactly 150 years.
In its 150 year history, the birthright citizenship clause has always been applied/interpreted just as it is now, except for the four exception mentioned in the Kim Wong Ark case.
WRONG.
Examples:
US Federal Government determinations as to exactly who has birthright citizenship, even after ratification of the 14th Amendment:
Secretary of State Frederick Frelinghuysen (1881-1885) determined Ludwig Hausding, though born in the U.S., was not born a U.S. citizen because he was subject to a foreign power at birth having been born to a Saxon subject alien parent.
Similarly, Secretary of State Thomas Bayard (1885-1889) determined Richard Greisser, though born in Ohio, was not born a U.S. citizen because Greisser's parent, too, was an alien at the time of Greisser's birth. Bayard specifically stated that Greisser was at birth 'subject to a foreign power,' therefore not "subject to the jurisdiction of the United States" within the meaning of the Fourteenth Amendment.
And the Indian Citizenship Act of 1924, which made a specific legislative exception for the US-born children of members of aboriginal US Tribes. Prior to that, even though born in the US, they were ineligible for 14th Amendment citizenship.
Sorry but you are still cherry picking. There is absolute evidence that the Senators understood what they were enacting - even you have to note the discussions of the Gypsies and the Chinese.
Read this Congressional legislation enacted AFTER the 14th Amendment was ratified:
Article XXV Section 1992 of the 1877 Revised Statutes, enacted after the 14th Amendment was ratified, which clarified exactly who are U.S. citizens at birth per the Constitution:
"All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States"
THAT is what Congress understood the 14th Amendment meant.
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