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Mexican Invasion
See other Mexican Invasion Articles

Title: Trump May Issue Exec Order Ending Citizenship For Babies Of Illegal Immigrants: Calls It ‘Frankly Ridiculous’
Source: DailyWire
URL Source: https://www.dailywire.com/news/5090 ... nding-citizenship-hank-berrien
Published: Aug 22, 2019
Author: Hank Berrien
Post Date: 2019-08-22 11:07:24 by Tooconservative
Keywords: None
Views: 508
Comments: 29

On Wednesday, President Trump stated that he is thinking of issuing an executive order that would prevent the children born on American soil to illegal immigrants from gaining automatic American citizenship, calling so-called “birthright citizenship” “frankly ridiculous.”

Trump told reporters, “Birthright citizenship — where you have a baby in our land, walk over the border, have a baby, congratulations — the baby is now a U.S. citizen. We’re looking at it very, very seriously.” When he was apprised that one reporter knew of Trump’s intent to go forward with an executive order, which he had mentioned in 2018, he responded, ‘‘I don’t know how you found that out, but that’s very good. We’re looking at birthright citizenship very seriously. It’s frankly ridiculous.”

In October 2018, speaking to Axios, Trump stated, “We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States for 85 years, with all of those benefits. It's ridiculous. It's ridiculous. And it has to end.” When interviewer Jonathan Swan asked whether he had “talked about it with counsel,” Trump answered, “Yeah, I have.” He was then asked where in the process he was, prompting Trump to reply, “It’s in the process; it will happen … an executive order, that’s what you’re talking about … I didn’t think anybody knew that but me. I thought I was the only one. Jonathan, I’m impressed.”

In 2010, the Pew Hispanic Center estimated that roughly 8% of children born in the United States were born to illegal immigrants, a total of 340,000 babies.

In 1993, Senator Harry Reid (D-NV), introduced the ‘‘Immigration Stabilization Act of 1993.” As even left-leaning Politifact admitted, “Section 1001, entitled ‘Basis of Citizenship Clarified,’ said, in effect, that children born in United States to parents who are illegal immigrants would not become U.S. citizens. And just in case there was any confusion about the matter, a press release that Reid’s office issued a day later states that the bill ‘clarifies that a person born in the United States to an alien mother who is not a lawful resident is not a U.S. citizen.’ Five years later, Reid switched his position, saying he was “embarrassed that I made such a proposal.”

Defenders of birthright citizenship claim that the 14th Amendment supports their position. The Amendment states, “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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”

Vice President Mike Pence has differed, saying in 2018, “We all cherish the language of the 14th Amendment, but the Supreme Court of the United States has never ruled on whether the language of the 14th Amendment — ‘subject to the jurisdiction thereof’ — applies specifically to people who are in the country illegally.”


Poster Comment:

Trump is still charging hard on his biggest single issue as a pol. He hasn't settled for the status quo at all. I like that.

Democracy is the theory that the common people know
what they want, and deserve to get it good and hard.

H. L. Mencken

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Begin Trace Mode for Comment # 20.

#2. To: Tooconservative (#0)

The Repugant and demoncrap elites will fight this with everything they have.

So just another day in America!

14th was made for Slaves and should be left at that. No other nation upon this earth does such a thing! We are still paying the price for slavery! Will it ever end!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Justified  posted on  2019-08-22   12:57:32 ET  Reply   Untrace   Trace   Private Reply  


#5. To: Justified, Tooconservative (#2)

14th was made for Slaves and should be left at that.

Wrong, as clearly and explicitly demonstrated the by contemporary congressional debate on the amendment.

No other nation upon this earth does such a thing!

Wrong.

https://en.m.wikipedia.org/wiki/Jus_soli

Jus soli, meaning "right of the soil", commonly referred to as birthright citizenship in the United States, is the right of anyone born in the territory of a state to nationality or citizenship.

Jus soli was part of the English common law, in contrast to jus sanguinis, which derives from the Roman law that influenced the civil-law systems of continental Europe. Jus soli is the predominant rule in the Americas, but it is rare elsewhere. Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European country grants citizenship based on unconditional or near-unconditional jus soli.

Almost all states in Europe, Asia, Africa and Oceania grant citizenship at birth based upon the principle of jus sanguinis (right of blood), in which citizenship is inherited through parents rather than birthplace, or a restricted version of jus soli in which citizenship by birthplace is automatic only for the children of certain immigrants.

Jus soli in many cases helps prevent statelessness. Countries that have acceded to the 1961 Convention on the Reduction of Statelessness are obligated to grant nationality to persons born in their territory who would otherwise become stateless persons. The American Convention on Human Rights similarly provides that "Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality."

National laws

Lex soli is a law used in practice to regulate who and under what circumstances an individual can assert the right of jus soli. Most states provide a specific lex soli—in application of the respective jus soli—and it is the most common means of acquiring nationality. However, a frequent exception to lex soli is imposed when a child is born to a parent in the diplomatic or consular service of another state on a mission to the state in question.

Unrestricted jus soli

  • Antigua and Barbuda: Guaranteed by the Constitution.
  • Argentina
  • Barbados: Guaranteed by the Constitution. However, the Barbados Ministry of Labour & Immigration recently proposed ending automatic birthright citizenship.
  • Belize
  • Bolivia
  • Brazil (requires that the foreign parents are not working for their country's government in Brazil by the time the child is born).
  • Canada: Subsection 3(2) of the Act states that Canadian citizenship by birth in Canada is not granted to a child born in Canada if neither parent was a Canadian citizen or permanent resident and either parent was a diplomat, in service to a diplomat, or employed by an international agency of equal status to a diplomat. However, if neither parents were diplomats, the nationality or immigration status of the parents do not matter. Some Conservative Party members wish to end birthright citizenship in Canada to the children of tourists and unauthorized immigrants.
  • Chad (The choice to take Chadian citizenship, or that of the parents is made at 18 years of age.)
  • Chile
  • Costa Rica (Jus sangui requires registration with the Costa Rican government before the age of twenty-five)
  • Dominica
  • Ecuador
  • El Salvador
  • Fiji
  • Grenada
  • Guatemala
  • Guyana
  • Honduras
  • Jamaica
  • Lesotho
  • Mexico
  • Nicaragua
  • Pakistan
  • Panama
  • Paraguay
  • Peru (registration required at 18 years of age)
  • Saint Kitts and Nevis
  • Saint Lucia
  • Saint Vincent and the Grenadines
  • Tanzania: Per the Tanzania Citizenship Act of 1995, "any child born within the borders of the United Republic of Tanzania, on or after Union Day, 26 April 1964, is granted citizenship of Tanzania, except for children of foreign diplomats."
  • Trinidad and Tobago
  • Tuvalu
  • United States: The Citizenship Clause of the 14th Amendment to the United States Constitution, ratified in 1868, provides: "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."[37] The concept of birthright citizenship applying to the child born of a foreign national in the country without proper credentials has never been formally litigated, but the U.S. Supreme Court's decision in United States v. Wong Kim Ark (1898) allowed the government to deny citizenship to U.S.-born children only in the cases of children born to foreign diplomats and children born to enemy forces engaged in hostile occupation of the country's territory, and thus this decision is most often interpreted as barring the government from denying citizenship to a U.S.-born person based on the alienage of his or her parents.[38][39] (see United States nationality law).
  • Uruguay
  • Venezuela

    nolu chan  posted on  2019-08-22   16:07:10 ET  Reply   Untrace   Trace   Private Reply  


    #8. To: nolu chan (#5)

    Just because the court turned activist doesn't make it right, in my book.

    14th amendment birth right was about slaves. It got perverted like most laws. We will just have to disagree on this.

    If we just keep allowing people to come here and claim they kicked out a baby on US soil the only way this ends is with America collapsing in to chaos. We will have 70% of the people uneducated unskilled living off the backs of the middle class causing it to collapse. US is about the middle class. Not the rich or the poor.

    Justified  posted on  2019-08-22   16:55:36 ET  Reply   Untrace   Trace   Private Reply  


    #13. To: Justified (#8)

    Just because the court turned activist doesn't make it right, in my book.

    The Court did not turn activist. The clear text of the 14th Amendment is obvious and undeniable, and the Court refused to adopt a meaning which is not there. THAT would be activist.

    14th amendment birth right was about slaves. It got perverted like most laws. We will just have to disagree on this.

    The 14th Amendment was not just about slaves. The debates made explicit references to Chinese, Gypsies, Irish, Germans and Europeans in general. The text does not say a mumbling word about slaves or make the slightest reference to slaves. In fact, slavery was abolished the the 13th Amendment.

    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.

    It refers to "all persons," not all black persons or all former slaves. There are only two set conditions, being born in the United States, and being born subject to the jurisdiction of the United States.

    The Amendment did not change existing citizenship law at that time, but it did place it beyond the reach of the legislature.

    People born in the U.S. were considered U.S. citizens by virtue of their birth, even though born to European aliens. The children of said aliens did not get naturalized. If these children were not citizens at birth, much of today's citizens of European ancestry would be aliens because somewhere down in the family tree someone was the child of aliens who did not get naturalized. As the Supreme Court stated,

    To hold that the Fourteenth Amendment of the Constitution excludes from citizenship the children, born in the United States, of citizens or subjects of other countries would be to deny citizenship to thousands of persons of English, Scotch, Irish, German, or other European parentage who have always been considered and treated as citizens of the United States.

    649 U.S. 694

    Jus soli came to the colonies and the United States via British common law. It has always been the law in the United States.

    If we just keep allowing people to come here and claim they kicked out a baby on US soil the only way this ends is with America collapsing in to chaos. We will have 70% of the people uneducated unskilled living off the backs of the middle class causing it to collapse. US is about the middle class. Not the rich or the poor.

    An amendment was adopted. As the 21st Amendment demonstrated, if the people so choose, they can repeal one amendment with another amendment.

    If President Trump can repeal the 14th Amendment with an executive order, can the next democrat president repeal the 2nd Amendment with an executive order?

    A pressing need is reform of immigration law and immigration law enforcement. There is no constitutional right which provides that an alien can import his or her family tree. Birthright citizenship only provides the rights of citizenship to the child. No constitutional provision provides that an illegal alien who punches out a kid on U.S. soil has a right to stay in the U.S.

    nolu chan  posted on  2019-08-22   20:14:22 ET  Reply   Untrace   Trace   Private Reply  


    #17. To: nolu chan (#13) (Edited)

    People born in the U.S. were considered U.S. citizens by virtue of their birth, even though born to European aliens.

    Regardless of past case law and your legal opinion, the idea that birth on this soil by illegal alien parents, gives that child citizenship is ignorant as fuck... and extremely shortsighted by whoever drafted that amendment or decided on the case law.

    I respect case law and I respect the constitution... but outside of the bill of Rights, I feel any of those amendments (like the 14th) can be modified, amended or nixed by another amendment.

    Anyone that agrees that some third world smelly shitbag impregnated pig whore that sneaks on our soil, just to squat a piece of garbage, to game the American citizen, should be allowed or agrees with that conduct, is an asshole.

    Being born from ILLEGAL ALIENS, should leave the child an illegal alien... it’s common sense. This way the child is not separated from his illegal scumbag invading douchebag asshole parents.... or do you feel now the parents gain citizenship because the brat did?

    GrandIsland  posted on  2019-08-22   21:34:50 ET  Reply   Untrace   Trace   Private Reply  


    #20. To: GrandIsland (#17)

    [Grand Island #17] Regardless of past case law and your legal opinion, the idea that birth on this soil by illegal alien parents, gives that child citizenship is ignorant as fuck... and extremely shortsighted by whoever drafted that amendment or decided on the case law.

    The case law is correct. The Amendment and its ratification history are a legal horror show. But the fact remains that the amendment was certified as ratified and is part of the Constitution.

    [Grand Island #17] I respect case law and I respect the constitution... but outside of the bill of Rights, I feel any of those amendments (like the 14th) can be modified, amended or nixed by another amendment.

    Of course the 14th Amendment or any provision of the Constitution may amended or repealed by another Amendemnt. I only maintained that it cannot be amended or repealed with an Executive Order.

    [GrandIsland #17] Being born from ILLEGAL ALIENS, should leave the child an illegal alien... it’s common sense. This way the child is not separated from his illegal scumbag invading douchebag asshole parents.... or do you feel now the parents gain citizenship because the brat did?

    I will repeat what I stated at #13 in response to Justified.

    There is no constitutional right which provides that an alien can import his or her family tree. Birthright citizenship only provides the rights of citizenship to the child.

    There is no constitutional impediment to deporting the parents, even if junior is a citizen. If the family wants to stay together, the parents can take the child with them when they go. That is simply a matter of immigration law and no constitutional amendment is required to make it happen. The citizen child cannot be deported, but the illegal alien parents can be deported. Those responsible for any family breakup or inconvenience or trauma would be the illegal alien parents who knew what they were doing when they broke the law to enter illegally and continued to break the law to obtain employment illegally.

    It is obvious that the immigration system is broken, but that does not change the 14th Amendment or the Federal immigration laws. A child born in the U.S. without legal immunity is a citizen. That does not convert mom and dad into legal residents or entitle them to green cards, or to remain in the country in they are here illegally.

    I would further recommend amending the census provision regarding the division of representatives. The census is a head count of everyone present, alien or citizen. Representation is determined by head count, not citizen count. It includes legal and illegal aliens. California has something like 5 extra representatives in congress solely on the basis of its illegal alien population. The census should include a citizen count and representation in congress should be determined by a count of citizens. Those 5 extra representatives also give California 5 extra delegates to the Electoral College.

    No constitutional provision provides that an illegal alien who punches out a kid on U.S. soil has a right to stay in the U.S.

    No constitutional provision provides that any illegal alien has any right to be in the U.S. or to stay in the U.S., even during good behavior.

    nolu chan  posted on  2019-08-22   23:08:52 ET  Reply   Untrace   Trace   Private Reply  


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