Birthright Citizenship: The 14th Amendment Does Not Apply to Illegal Aliens

[mystery-ak]

December 2, 2024
Birthright Citizenship: The 14th Amendment Does Not Apply to Illegal Aliens
By S. David Sultzer

America is about to go to war over whether the government has the power to deport entire families of illegal aliens. That question involves “birthright citizenship”—that is, whether a child born in the U.S. to illegal alien parents is automatically a U.S. citizen and, thus, an “anchor baby?”

The answer, by any fair reading of the Constitution and history, is “No.”

Our nation must have complete control of our borders. No illegal alien should be able to circumvent the laws of our nation. English common law, the basis for U.S. law, did not allow such people, the children of “hostile occupiers,” to become citizens by virtue of birth. Moreover, the 14th Amendment, which was passed to cure the ill of slavery, establishes a two-part test for citizenship that seemingly codifies English common law and is clearly meant to apply to those who came here against their will and their descendants, not to criminal invaders.

The anchor baby problem is significant. Donald Trump recently said that the Biden administration has “abolished what remained of America’s borders and turned the United States into a dumping ground for illegal aliens from all over the world.” A lowball guess is that Biden’s lawless conduct allowed in at eight least million illegal aliens, although the number could easily be twice that. This influx is causing havoc throughout the U.S.—and even gave rise to a bit of dark musical humor from The Kiffness:

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https://www.americanthinker.com/articles/2024/12/birthright_citizenship_the_14th_amendment_does_not_apply_to_illegal_aliens.html

[catfish1957]

Fully agree.  But how do we fix it?  Heard somewhere, it can't be done legislatively.

[DefiantMassRINO]

Contextually, the 14th Amendment was crafted for freed slaves and their descendents.

Change probably requires a Constutional amendment.  Let's start drafting it, and get the Amendment process rolling.

[The_Reader_David]

The problem is to fix it, we would need to somehow make children born to illegal immigrants not be subject to the jurisdiction of the United States.  I suppose we would declare all illegal immigrants to be diplomats, but that has the downside of only allowing us expulsion from the country as a punishment if they commit crimes. 

Any way that lets us prosecute them for crimes makes them subject to the jurisdiction of the United States.

[Bigun]

The problem is to fix it, we would need to somehow make children born to illegal immigrants not be subject to the jurisdiction of the United States.  I suppose we would declare all illegal immigrants to be diplomats, but that has the downside of only allowing us expulsion from the country as a punishment if they commit crimes. 

Any way that lets us prosecute them for crimes makes them subject to the jurisdiction of the United States.

If you read the congressional debates surrounding the 14th amendment it becomes abundantly clear that sole and complete jurisdiction is required. Subject to no other.

[DefiantMassRINO]

Illegal immigrants have no legal standing within the jurisdiction of the United States.

Children born to a mother lacking legal, adjudicated immigration status at time of birth is a not a legal American citizen.

Illegal immigrant fathers must apply for legal American residency or citizenship outside the United States.

Illegal immigrant family members or relatives must apply for legal American residency or citizenship outside the United States.

Applicant requests for visas, assylum, refugee status, etc.,  must be submitted while the applicant is not illegally in the United States and entry will be denied until applicant's application or case has been fully adjudicated.

Those who enter or reside in the United States illegally are ineligible to apply for legal immigration status and are subject to immediate deportation.

I'm not a lwayer ... so feel free to add fancy latin words, references to Dane Law, and therefores and wherefores.

[Fishrrman]

catfish asks:
"But how do we fix it?  Heard somewhere, it can't be done legislatively."

Like "natural born citizenship", this has been argued in the forum again and again and again and again. The answer will always be the same.

Only the Supreme Court can decide, and the issue must be FORCED upon them.

Mr. Trump's administration will probably try to use an executive or administrative order to "end it".

But of course that will get thrown into the federal court system.

Very well.
If so, then it must be appealed upwards with all due speed to the Supreme Court.

They will be charged with "making the decision".
One way or the other.

Let's hope the Court's right-wingers can bring enough pressure to bear upon the wishy-washies (Roberts, Kavanaugh and Barrett) to carry the day.

If the Court says "yes" (to the notion of birthright citizenship via the Fourteenth Amendment), then the only way it will be changed is by a new Amendment.

That will NEVER pass through Congress, but will have to come from a "Convention of the States". If that's what it's going to take -- that's what it's going to take.

[Smokin Joe]

If you read the congressional debates surrounding the 14th amendment it becomes abundantly clear that sole and complete jurisdiction is required. Subject to no other.

It stands to reason the offspring of a noncitizen would be subject to the jurisdiction of the parents' country, and not the US.
IMHO, the clause has been forcibly misread.

[DefiantMassRINO]

Quit ya' bitchin' and amend the US Constitution.

Man, these soft-handed DC Republicans don't want to do any heavy lifting.