Trump Is Demonstrably Right About the 14th Amendment and Birthright Citizenship

/——/ Stop embarrassing yourself. I am the Child of a U.S. Citizen | USCIS

You are a little confused, buddy. That covers children of US citizens born outside the US, and why all you birthers were always a little silly.

It certainly should not cover pregnant women rushing the border crossings when they are about to give birth so their child is born on the US side of the bridge.

But unfortunately, it does.

The first time Trump disgraced the White House, one of my neighbors was married to an undocumented immigrant. After he got busted for a DUI and deported, she worked to get him back on the basis of a sponsorship visa. The Trump USCIS, being what it was, tried to challenge HER birthright, because her mother wasn't a US citizen (when she gave birth 40 years ago.) The challenged the document issued by a Texas midwife. But in the end... she was a citizen, and she got her husband back in the country.
 
You are a little confused, buddy. That covers children of US citizens born outside the US, and why all you birthers were always a little silly.



But unfortunately, it does.

The first time Trump disgraced the White House, one of my neighbors was married to an undocumented immigrant. After he got busted for a DUI and deported, she worked to get him back on the basis of a sponsorship visa. The Trump USCIS, being what it was, tried to challenge HER birthright, because her mother wasn't a US citizen (when she gave birth 40 years ago.) The challenged the document issued by a Texas midwife. But in the end... she was a citizen, and she got her husband back in the country.
/——/ We’ll see how the ISSC rules.
 
Which means anyone born here is a citizen. Why are we still discussing this?
You would look at a globe of the Earth and say "which means the Earth is flat. Why are we still discussing this?"

You have not explained a single fact that I've documented.

And I ask you again, when did the U.S. ever make immigration illegal? When?

If you don't like it, amend the constitution.
No need. The authors of the 14th Amendment were crystal clear about what the amendment did and did not intend. You just don't like what they specified, so you ignore it.

Neither of whom are immigrants.
Just shaking my head at this illogic. Let's try this: If the authors of the 14th Amendment stipulated that the amendment would not grant citizenship to native peoples who were already here, and if early Supreme Court rulings ruled that the amendment did not even grant citizenship to newborns whose parents were here legally as foreign diplomats, how in the world can you imagine that the amendment was intended to grant citizenship to children whose parents are violating our laws just by being here?

And you keep refusing to distinguish between legal immigrants and illegal immigrants.

You see, birthright citizenship, when America was trying to attract (white) immigrants from Europe, was actually a selling point. Even before the 14th Amendment, the practice of English Common Law was that if you were born here, you were a citizen.
LOL! For one thing, I guess you've never heard of the Naturalization Act of 1790, which was passed just two years after the Constitution was ratified and one year after the Constitution took effect??? Ring any bells? Under the terms of the act, the vast majority of the illegal immigrants now in our country would not qualify for citizenship.

It took a while for the first generation of American leaders to establish immigration policy after our founding. We were, after all, a new country, and we had just fought a bloody five-year war to gain independence. Again, under the terms of the Naturalization Act of 1790, passed just two years after the Constitution was ratified, nearly all the illegal immigrants now in our country would not qualify for citizenship.

That's the point. You see, prior to the 1950s or so, anyone from Latin America could travel to the US legally. Asians were excluded and there were limits on Europeans from certain countries. We keep shifting the goalposts of who we want and for what reasons.
"That's the point"?! You said this to justify your howler that the U.S. once banned immigration! Your evasion does nothing to explain away your howler, much less justify your bogus argument that the 14th Amendment was intended to give birthright citizenship to children whose parents are here illegally.

And, uh, yeah, we have the right to change our immigration laws as we see fit and in response to changing circumstances, just as other nations do.

FYI, Ireland ended unrestricted birthright citizenship in 2004 after 79% of voters supported a constitutional amendment that made citizenship conditional on the parents' residency and history. The Dominican Republic abolished birthright citizenship in 2013, which removed citizenship from about 200,000 people.

As mentioned in the OP, a number of nations in Europe, Asia, and Africa do not offer birthright citizenship under any conditions, while others require that at least one parent be a citizen or a lawful permanent resident for the newborn to be granted citizenship. Which nations are we talking about? Well, they include Norway, Sweden, Italy, Greece, Poland, Hungary, Romania, Ireland, Austria, Bulgaria, Serbia, Albania, Denmark, South Korea, Indonesia, Taiwan, and Japan, among others.
 
You would look at a globe of the Earth and say "which means the Earth is flat. Why are we still discussing this?"

You have not explained a single fact that I've documented.

And I ask you again, when did the U.S. ever make immigration illegal? When?


No need. The authors of the 14th Amendment were crystal clear about what the amendment did and did not intend. You just don't like what they specified, so you ignore it.


Just shaking my head at this illogic. Let's try this: If the authors of the 14th Amendment stipulated that the amendment would not grant citizenship to native peoples who were already here, and if early Supreme Court rulings ruled that the amendment did not even grant citizenship to newborns whose parents were here legally as foreign diplomats, how in the world can you imagine that the amendment was intended to grant citizenship to children whose parents are violating our laws just by being here?

And you keep refusing to distinguish between legal immigrants and illegal immigrants.


LOL! For one thing, I guess you've never heard of the Naturalization Act of 1790, which was passed just two years after the Constitution was ratified and one year after the Constitution took effect??? Ring any bells? Under the terms of the act, the vast majority of the illegal immigrants now in our country would not qualify for citizenship.

It took a while for the first generation of American leaders to establish immigration policy after our founding. We were, after all, a new country, and we had just fought a bloody five-year war to gain independence. Again, under the terms of the Naturalization Act of 1790, passed just two years after the Constitution was ratified, nearly all the illegal immigrants now in our country would not qualify for citizenship.


"That's the point"?! You said this to justify your howler that the U.S. once banned immigration! Your evasion does nothing to explain away your howler, much less justify your bogus argument that the 14th Amendment was intended to give birthright citizenship to children whose parents are here illegally.

And, uh, yeah, we have the right to change our immigration laws as we see fit and in response to changing circumstances, just as other nations do.

FYI, Ireland ended unrestricted birthright citizenship in 2004 after 79% of voters supported a constitutional amendment that made citizenship conditional on the parents' residency and history. The Dominican Republic abolished birthright citizenship in 2013, which removed citizenship from about 200,000 people.

As mentioned in the OP, a number of nations in Europe, Asia, and Africa do not offer birthright citizenship under any conditions, while others require that at least one parent be a citizen or a lawful permanent resident for the newborn to be granted citizenship. Which nations are we talking about? Well, they include Norway, Sweden, Italy, Greece, Poland, Hungary, Romania, Ireland, Austria, Bulgaria, Serbia, Albania, Denmark, South Korea, Indonesia, Taiwan, and Japan, among others.
/---/ Excellent points. Thanks for taking JoeB to the woodshed. Sadly, he'll wait a few days and come back with the same old same old.
1738412011056.webp
 
God, we need to sterilize Mormons to improve the gene pool.

You would look at a globe of the Earth and say "which means the Earth is flat. Why are we still discussing this?"

You have not explained a single fact that I've documented.

And I ask you again, when did the U.S. ever make immigration illegal? When?

Guy, here's a list of all the changes we've made in immigration over the years.


Point was, most of our history, you got here and you were in.

No need. The authors of the 14th Amendment were crystal clear about what the amendment did and did not intend. You just don't like what they specified, so you ignore it.

Then they should have written their intents down and put it into the amendment. They didn't. Which is why Birthright Citizenship has been established for 126 years.

Just shaking my head at this illogic. Let's try this: If the authors of the 14th Amendment stipulated that the amendment would not grant citizenship to native peoples who were already here, and if early Supreme Court rulings ruled that the amendment did not even grant citizenship to newborns whose parents were here legally as foreign diplomats, how in the world can you imagine that the amendment was intended to grant citizenship to children whose parents are violating our laws just by being here?

And you keep refusing to distinguish between legal immigrants and illegal immigrants.

Because at the time, there were no laws against "just being here". The reality was, at the time, they wanted to bring in as many white immigrants as they could to work in the factories and develop all that new land they were stealing from the Natives. (See things like the Homestead Act!) Then a bunch of Anglos said, "Hey, there are too many Catholics and heathens showing up! And some of them aren't white! We need to do something about that. Which is why we've gotten all these goofy laws restricting whoever were offending the sensibilities of WASPs that week.

LOL! For one thing, I guess you've never heard of the Naturalization Act of 1790, which was passed just two years after the Constitution was ratified and one year after the Constitution took effect??? Ring any bells? Under the terms of the act, the vast majority of the illegal immigrants now in our country would not qualify for citizenship.

Well, the problem is, that was about naturalization, not immigration. They wanted immigrants to exploit, they didn't want them to have political power. They didn't think ahead to what their children and grandchildren would do. They just though they could isolate them like they had Natives and Blacks. But, whoopsy, their children talked like Americans and adopted American names and dammit, we need to keep them immigrants out!!!

"That's the point"?! You said this to justify your howler that the U.S. once banned immigration! Your evasion does nothing to explain away your howler, much less justify your bogus argument that the 14th Amendment was intended to give birthright citizenship to children whose parents are here illegally.

Again, you need to read the history of immigration in this country, and how there's always someone like you howling about the Irish or the Germans or the italians or the Poles or the Mexicans.

Always best to just ignore you people and welcome our new brothers.

My father was an immigrant from Germany and my wife is an immigrant from China. If that upsets your lily-white Mormon sensibilities, well, all I can say is, "Fuck you".
 
Second Federal Judge Block's Trump's EO.

Federal judge in Maryland blocks Trump’s birthright citizenship order​

U.S. District Judge Deborah Boardman issued the injunction at a hearing on a lawsuit brought by civil rights groups arguing that Trump’s order is unconstitutional.

A federal judge Tuesday indefinitely blocked President Donald Trump’s effort to curb birthright citizenship for the children of undocumented immigrants and temporary foreign visitors, a decision that is likely to mean the executive order will not take effect as planned later this month.

U.S. District Judge Deborah L. Boardman issued a preliminary injunction after a court hearing in Greenbelt, Maryland, in a lawsuit brought by civil rights groups aiming at stopping Trump’s order on the grounds that it violates the citizenship clause of the 14th Amendment.

The injunction applies nationally and will remain in place as the case is adjudicated. The Maryland lawsuit is one of at least six federal cases brought against Trump’s order by a total of 22 Democratic-led states and more than a half-dozen civil rights groups.
alternatively here:
 
SCOTUS is right, Trump is wrong, and, of course, Mike goes the wrong way yet again.
 
The 14th Amendment was never intended to grant citizenship to children born to parents who are in the U.S. illegally. This is not even a close call. One early Supreme Court case ruled that the amendment did not even grant citizenship to newborns whose parents were foreign diplomats stationed in the U.S.

Proponents of birthright citizenship wrongly cite the 1898 Supreme Court case of U.S. v. Wong Kim Ark, when in fact that case involved the children of lawful permanent residents, not the children of illegal immigrants. Wong Kim Ark actually went beyond original intent by including children of lawful permanent residents, but it stopped well short of granting citizenship to children born to illegal immigrants on U.S. soil.

It is revealing the when the 14th Amendment was debated in Congress, its authors explained that it would not even grant citizenship to American Indians. That's why American Indians did not become citizens until 1924 when Congress passed the Indian Citizenship Act. This legislation was necessary because everyone understood what the 14th Amendment did and did not mean. Since the amendment did not confer citizenship on American Indians, how could anyone construe it as giving citizenship to children born to people who are living in the U.S. illegally, either after sneaking across the border or overstaying their visa?

A key phrase in the 14th Amendment is "and subject to the jurisdiction thereof." The authors of the amendment made it clear that this referred to full jurisdiction, not partial jurisdiction. Only U.S. citizens are subject to full U.S. jurisdiction. Being subject to the full jurisdiction of the U.S. means the U.S. Government can draft you into our military, require you to register for the draft, prosecute you for treason if you seek to harm the U.S., etc. The government can't do any of these things to illegal immigrants because they are not fully subject to U.S. jurisdiction. Illegal immigrants and foreign diplomats are only partially subject to U.S. jurisdiction, which means, for example, that they have to obey our traffic laws and can be prosecuted if they commit a crime in our country (unless they have diplomatic immunity), but they cannot be drafted, cannot be forced to even register for the draft, cannot vote, cannot hold elected office, etc.

BTW, most nations in Europe, Asia, and Africa do not offer automatic birthright citizenship. The following nations do not offer birthright citizenship under any conditions or require that at least one parent be a citizen or a lawful permanent resident for the newborn to be granted citizenship: Norway, Sweden, Italy, Greece, Poland, Hungary, Romania, Austria, Bulgaria, Serbia, Albania, Denmark, South Korea, Indonesia, Taiwan, and Japan.

Some sources for further reading:




The nice thing about the Constitution and it's amendments is that intentions never come into play. It says what it says.
 
Mike since "the amendment did not confer citizenship on American Indians, how could anyone construe it as giving citizenship to children born to people who are living in the U.S. illegally, either after sneaking across the border or overstaying their visa?"

Being MAGA is antithetical to critical thinking.
 
Most of them were probably legal but afraid of ICE and their "shoot first" policies.
"Shoot first" policies?

Go to your room and do your homework. Little lady.
 
Does ICE have a 'shoot first' policy?

No, ICE (U.S. Immigration and Customs Enforcement) does not have a "shoot first" policy. ICE agents are trained to follow strict guidelines and protocols when it comes to the use of force. They are required to use the minimum amount of force necessary to resolve a situation and are trained to de-escalate situations whenever possible. The use of deadly force is only permitted when there is an imminent threat to the life of the agent or others.
 
Mike since "the amendment did not confer citizenship on American Indians, how could anyone construe it as giving citizenship to children born to people who are living in the U.S. illegally, either after sneaking across the border or overstaying their visa?"

Being MAGA is antithetical to critical thinking.
You wouldn't know critical thinking if you sat on it. All you do is issue inane, unsupported pronouncements and summary dismissals. I notice you have not laid a finger on any of the evidence I presented in the OP or in follow-up replies, as usual. Comically, you didn't even try to answer my question that you quoted.

Another question is, Since the authors of the 14th Amendment specified that it would not even grant birthright citizenship to the newborn children of foreign diplomats stationed in the U.S., many of whom live here for many years, how could anyone suppose that the amendment was intended to give birthright citizenship to children born to people who are living in the U.S. illegally?
 
The 14th Amendment was never intended to grant citizenship to children born to parents who are in the U.S. illegally. This is not even a close call. One early Supreme Court case ruled that the amendment did not even grant citizenship to newborns whose parents were foreign diplomats stationed in the U.S.

Proponents of birthright citizenship wrongly cite the 1898 Supreme Court case of U.S. v. Wong Kim Ark, when in fact that case involved the children of lawful permanent residents, not the children of illegal immigrants. Wong Kim Ark actually went beyond original intent by including children of lawful permanent residents, but it stopped well short of granting citizenship to children born to illegal immigrants on U.S. soil.

It is revealing the when the 14th Amendment was debated in Congress, its authors explained that it would not even grant citizenship to American Indians. That's why American Indians did not become citizens until 1924 when Congress passed the Indian Citizenship Act. This legislation was necessary because everyone understood what the 14th Amendment did and did not mean. Since the amendment did not confer citizenship on American Indians, how could anyone construe it as giving citizenship to children born to people who are living in the U.S. illegally, either after sneaking across the border or overstaying their visa?

A key phrase in the 14th Amendment is "and subject to the jurisdiction thereof." The authors of the amendment made it clear that this referred to full jurisdiction, not partial jurisdiction. Only U.S. citizens are subject to full U.S. jurisdiction. Being subject to the full jurisdiction of the U.S. means the U.S. Government can draft you into our military, require you to register for the draft, prosecute you for treason if you seek to harm the U.S., etc. The government can't do any of these things to illegal immigrants because they are not fully subject to U.S. jurisdiction. Illegal immigrants and foreign diplomats are only partially subject to U.S. jurisdiction, which means, for example, that they have to obey our traffic laws and can be prosecuted if they commit a crime in our country (unless they have diplomatic immunity), but they cannot be drafted, cannot be forced to even register for the draft, cannot vote, cannot hold elected office, etc.

BTW, most nations in Europe, Asia, and Africa do not offer automatic birthright citizenship. The following nations do not offer birthright citizenship under any conditions or require that at least one parent be a citizen or a lawful permanent resident for the newborn to be granted citizenship: Norway, Sweden, Italy, Greece, Poland, Hungary, Romania, Austria, Bulgaria, Serbia, Albania, Denmark, South Korea, Indonesia, Taiwan, and Japan.

Some sources for further reading:





Well, we could go find the original meaning of all the amendments. The 2A was never designed for modern weaponry... you want to play that game?
 
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