Posted on Feb 8, 2017
Why does being born in the US almost always grant automatic citizenship?
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I've noticed in most countries, that being born there doesn't automatically grant citizenship. However, in the US if a Illegal comes in and pops out a baby then the child is automactically considered a citizen. There are few exceptions to this rule. Why should we reward criminals with citizenship? Throw them out, they shouldn't get citizenship just for being born here. What are your thoughts?
Immigration
Citizenship
Constitution
Policy
Reform
Posted 9 y ago
Responses: 7
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It is a 14th Amendment issue, all persons born or naturalized in the US, and subject to the jurisdiction thereof, are citizens of the US and the state wherein they reside. This effectively overturned the Deed Scott case that the Court had used to prevent granting US citizenship to black Americans forced via slavery. The English common law concept of jus soli or birthright citizenship.
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LTC John Shaw
SSG Robert Webster - your going to make me work, aren't you...
I spoke to where it originated, the case law continued to develop and I don't practice.
I will see what I can find, maybe someone else can weigh in with more current immigration law.
I spoke to where it originated, the case law continued to develop and I don't practice.
I will see what I can find, maybe someone else can weigh in with more current immigration law.
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SSG Robert Webster
LTC John Shaw - You have that correct. The reason that I am unhappy with the situation at the current time is that I have a personal stake in this via my immediate family, to include my wife and two of my three children. I went through it the proper and legal way and still got screwed by the government in the body of the INS, and am becoming upset that other people are allowed to skirt the proper and legal process. I see that as in infringement of rights and obligations due to me and my family from the US Government.
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LTC John Shaw
SSG Robert Webster - I agree each time illegal immigration is allowed is an insult to the families who spend time and money persuing the legal process.
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This issue was caused by liberal SCOTUS Justices interpreting the 14th amendment in a way not intended. It was meant to corrected an oversight to include the children of freed slaves.
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SSG(P) (Join to see), I see where you are going with this question (I think) but the logical points don't connect. The infant automatically becomes a citizen because of the wording of the 14th Amendment (see Capt Gregory Prickett's response for exact wording). I don't necessarily AGREE with the wording but such is the nature of the Constitution you, I , and every other service member swore to uphold and defend.
Now, it's just my humble opinion but maybe the better question we should be asking is, "Is it time we amended the language of the 14th Amendment to correct a legal oversight?"
Now, it's just my humble opinion but maybe the better question we should be asking is, "Is it time we amended the language of the 14th Amendment to correct a legal oversight?"
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Two points if I may;
1. You post: "Why should we reward criminals with citizenship? " How on earth can you perceive a new born child as a criminal?
2. The 14th Amendment of the Constitution of the United States states that all persons born here are citizens. And, yes, it has been challenged in court and upheld. If a child is born in the US, they are citizens. Want to change that? Try to get a Constitutional amendment overturning that through the system.
1. You post: "Why should we reward criminals with citizenship? " How on earth can you perceive a new born child as a criminal?
2. The 14th Amendment of the Constitution of the United States states that all persons born here are citizens. And, yes, it has been challenged in court and upheld. If a child is born in the US, they are citizens. Want to change that? Try to get a Constitutional amendment overturning that through the system.
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SSG Lyle O'Rorke
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The Fourth of July commemorates the signing of the Declaration of Independence, but it also provides a timely reason to learn some trivia about America's other foundational legal document, the Constitution. Although not our first governing document (see the Articles...
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The verbiage should Have been better, and applied to indicate the Existing and Those of the Time who were Forced Immigrants ... Slaves...
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