Trump EO eliminates Birthright Citizenship; 18 states and civil rights organizations sue to stop implementation, pointing to the 14th Amendment

[ozso]

But the question isn't if the MOTHER is under the jurisdiction, but if the child is, isn't it? The baby is it's own person.

So then deport the parents and let the baby stay.

 

[QvQ]

Birthright citizenship was established by the 14th Amendment, passed by Congress in 1868, which includes a clause reading: “All people 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.”

This was partially adjudicated when McCain was running for President.
A President must be a "natural born" citizen.
McCain was born in the Panama Canal Zone.
The Courts decided that "natural born " meant "subject to the jurisdiction," not the physical nation.
A Chinese woman who flies to Chicago on Monday, gives birth on Wenesday then flies home to China, neither the mother or baby is under the Jurisidiction of the US goverment. The baby, having spent a few days in the US, is now a US citizen with all the rights and privileges thereof. This is called Birth Tourism
Whatever the Courts decide, this issus is most likely going to be clarified either by the Courts or a Constitutional Amendment before half the nation of China is voting in our elections as US citizens.
People may be surprised at what the Supreme Court decides as this issue has needed clarification, considering the speed and ease in which people can move in and out of countries.

 

[dogs4thewin]

I don't see anything indiciating that Trump will make exceptions for anyone.

Which really is not practical and is too expenstive.

 

[Nithavela]

So then deport the parents and let the baby stay.

Nice.

 

[Nithavela]

Which really is not practical and is too expenstive.

But it plays very well to his base.

 

[Bradskii]

If they came through the borders - like my parents and filed the paperwork - like my parents - they would not be illegal aliens -

Are you suggesting that you ignore true definitions?

You've been given more than enough information. If you don't like what's been explained to you then I can't help with that.

 

[RileyG]

I don't see anything indiciating that Trump will make exceptions for anyone.

I know a woman in her 70s who was born in Germany to American parents, now long deceased. Can anyone really “deport” her since she’s always been a citizen? Odd.

 

[Nithavela]

I know a woman in her 70s who was born in Germany to American parents, now long deceased. Can anyone really “deport” her since she’s always been a citizen? Odd.

Everything CAN be done.

 

[RileyG]

Maybe they’ll (the babies) will have to have been conceived within the Untied States?
Won’t that be a fun thread!?

lol. I wonder how one defines conception

 

[RileyG]

Everything CAN be done.

Yikes! Not good! Not good at all!

 

[dogs4thewin]

So then deport the parents and let the baby stay.

I say let the parents choose. They can choose to either take the child with them at which point when the child is age he or she would be able to come back as any other citizen who leaves the country for a time. They could also choose to put the child in foster care.

 

[Nithavela]

Yikes! Not good! Not good at all!

Having buyer's remorse yet?

 

[dogs4thewin]

But it plays very well to his base.

yet, his base does not really want to spend the billions to deport them.

 

[dogs4thewin]

Yikes! Not good! Not good at all!

I am not so sure what the poster means as we do have processes for things to happen such as an amendment in this case.

 

[RileyG]

Having buyer's remorse yet?

No, because Trump is not a dictator and won’t start deporting legal citizens born abroad willy-nilly.

 

[Nithavela]

No, because Trump is not a dictator and won’t start deporting legal citizens born abroad willy-nilly.

Bet?

 

[Pommer]

No I mean babies born to those in the country illegally.

How can a person be “born illegally”?

 

[dogs4thewin]

I know a woman in her 70s who was born in Germany to American parents, now long deceased. Can anyone really “deport” her since she’s always been a citizen? Odd.

If she was born to American parents she is an American cititzen it does not matter where she was born.

 

[RileyG]

I am not so sure what the poster means as we do have processes for things to happen such as an amendment in this case.

Right. People aren’t going to be randomly deported. Trump isn’t that cruel nor powerful. And yes, I voted for him.

 

[ozso]

How so? Yes the amendment was not meant for its current usage, but then again when it was written people coming here for citizenship was not a thing really. Therefore, in order to end birthright citizenship we would need another amendment or at least to revise the 14th amendment.

Someone said "if you want to remove and amendment". I said it's not a matter of trying to end/remove it altogether.

Yes, it's a matter of revision, not elimination. What I have been saying is revising an amendment is not the same thing as eliminating an amendment. Am I still wrong?