The Original Tree
Diamond Member
Wrong. Illegal Aliens are not Subject to US Jurisdiction. This is why they can be deported simply for missing a Court date.There actually is no such thing as Birthright Citizenship. The 14th was written to stop The Southern Democrats from Depriving Their Former Slaves and Children of their Civil Rights, and mandated that the Children of Former Slaves become automatically Citizens.It's the next step in making America great again. Birthright Citizenship refers to Citizen parents, not Illegals. The 14th Amendment was only created for slaves after the civil war. It was not created for foreigners. Let's hear from the man who wrote the Citizenship clause himself, Senator John Jacob Howard:
"Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."
This understanding was reaffirmed by Senator Edward Cowan, who stated:
"[A foreigner in the United States] has a right to the protection of the laws; but he is not a citizen in the ordinary acceptance of the word..."
The phrase "subject to the jurisdiction thereof" was intended to exclude American-born persons from automatic citizenship whose allegiance to the United States was not complete.
President Trump Says He Is Still "Looking Seriously" at Ending Birthright Citizenship
Former Slaves were under The Jurisdiction of The United States.
Illegal Aliens are not, and are under The Jurisdiction of the country where they hold citizenship. Honestly President Trump does not have to do anything to stop Birthright Citizenship, because there is no such thing. He can simply over turn policy, and if challenged win in SCOTUS. Pretty much a slam dunk case.
In short the phrase “and subject to the jurisdiction thereof” excludes three and only three groups of people:
Any other person born in the proper US or in incorporated US territory is a citizen, no matter who his or her parents are or were. (The case is less clear for unincorporated US territory.)
- Children born to foreign diplomats here on diplomatic business, who have diplomatic immunity to US Law;
- Children of members of an invading army that has occupied and controlled some part of US territory, born on that occupied area, who are obviously not subject to US Law (which has rarely happened in the US, although Guam was occupied during WWII, and parts of Alaska, and small parts of Maine during the War of 1812); and
- Members of Native American tribes, subject to the jurisdiction of their tribal governments, who do not pay US taxes. (This was true when the 14th amendment was passed, but it no longer is. See section below on the act that changed it in 1924.)
What is the meaning of “and subject to the jurisdiction thereof” in the 14th amendment?
It's why they can be held in detention simply because they are here.
It's why Liberals do not criminally prosecute them in a Court of Law and simply release them, and refuse to notify ICE when they do, because ICE can pick them up detain them and deport them at will.
When a US Citizen Commits The Same Crimes, he goes to jail, has to make bail or rot in jail until his court date, and then gets sentenced.