- Oct 20, 2013
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Whether illegals petition for fabricated claims of asylum or not, if they have violated US Code 8 Section 1325 (Entry without inspection), they are guilty of a crime, and should be imprisoned, as well as having to pay a fine.The United States does have jurisdiction over anyone on US soil with the exception of foreign diplomats. Illegals have the right to petition the US courts in regards to immigration laws. They also have the same rights as any US citizen in any court in the land.
The Anchor baby scenario is enshrined in the 14th Amendment. You don't have to be a lawyer to understand what it means. What you want is the Supreme Court to ignore the Constitution and substitute their political judgment.
DACA is legal at the very least under contract law. Obama agreed to defer any deportation as long as they met the requirement of undergoing training or have a job. That is a very Republican idea. I have no doubt that Ronald Reagan would have supported it.
The anchor baby scenario is a fallacy. The author of the 14th amendment (Sen. Jacob Howard) clearly stated that citizenship is not to be given to the children of foreigners.
DACA is, in no way, a Republican idea, as related to the Republican party of 2017-2019.