If you are born in Guatemala, under Guatemalan law, they can claim you as a Guatemalan citizen.
The Snyder Act and Birthright Citizenship
- Thread starter ExpressLane
- Start date
If they are in the USA, they are subject to American law, unless they are in diplomatic facilities, or are diplomats themselves. Native Americans who were on independent reservations were not covered under US laws, but a Native American outside the reservations was always covered under the 14th Amendment.
How would they commit a crime, if they are not subject to American laws? Either way, the Constitution specifically does not allow crimes of the parents to be punished on the children.
Pobre seems to believe that because he posts something, that is the end of the discussion.
Pobre is, for the most part, uninformed and stupid.
T. A. Gardner
Thread Killer
If you are within the national boundaries of the United States whatever your immigration status, you are subject to the laws of that nation, just as you are in any other nation. I'm not punishing the child for the crimes of the parents. I'm ensuring the parents aren't profiting from their crimes. The parents should be arrested and deported on conviction. The child should be denied US citizenship on the basis they got it because of the crimes of their parents. The child doesn't face criminal prosecution, only deportation and lack of citizenship--a privilege granted those who do things legally in that regard.
Let the parents deal with the issues of their child possibly not being a citizen of their home country and their being convicted and deported from the US, even if their child didn't face criminal prosecution themselves. They created that situation, let them deal with it.
So you agree they are in the jurisdiction of the US, and so the 14th Amendment applies?
T. A. Gardner
Thread Killer
The 14th Amendment is questionable in that regard, and that ambiguity should be cleared up in favor of NOT granting citizenship to foreign national's children whose parents are here illegally.
The 14 was intended to grant citizenship to slaves who were legally brought into the US or even born here as slaves. There was never any intent to give citizenship to those that broke our laws in coming to the US to give them citizenship under it.
ExpressLane
Verified User
The 14th says All persons born or naturalized in the United States, and subject to the jurisdiction thereof,
So some people obviously are born in America and not subject to its (the US) laws and some are born in America and are subject to its laws. Or otherwise it would simply say "All persons born or naturalized in the United States." You are saying that everyone born in America are subject to its laws. That is not what the Constitution is saying.
T. A. Gardner
Thread Killer
An example of that is Native Americans born on reservations. They were not US citizens until 1924 with the Indian Citizenship Act. Even then, in some cases a Native American could still reject citizenship or be rejected for it.
So let's make a list of people who can have court cases thrown out because of lack of jurisdiction:
1) Historically, some Native American nations, but not so much anymore.
2) Diplomats
And three.... No that is about it, one and two.
Saying you are a foreigner will not get your case thrown out of court for lack of jurisdiction.
Native American sovereignty has become more complex over the years, and it started out complex.
He thinks that since he hates America and Donald Trump he is automatically right about everything.
So you agree that the plain language of the 14th limits birthright citizenship to those who owe no allegiance to other nations?
There is absolutely nothing about allegiance in the 14th Amendment. It specifically says jurisdiction.
You need to dig up Dwight Eisenhower and tell him - since he deported tens of thousands of illegals born in the USA during "Operation Wetback."
Irrelevant. It will keep you from being drafted, being eligible to hold public office, LEGALLY voting, or being eligible for birthright citizenship for your offspring.
Neil N. Blowme
Verified User
This really needs to go to the USSC along with same-sex marriage. I like the chances of getting anchor babies stopped and marriage laws aa state issues.
Neil N. Blowme
Verified User
Yes, but the question is what does "jurisdiction" mean. The USSC needs to settle this.
It has been settled in every criminal and civil case ever before the courts. The first step of any court case is settling jurisdiction. If you do not settle that, it is impossible to have a court case. This is the most settled law in common law.
Words have meaning Walt - even though you hold party above all.
You and your party have done massive damage to the nation with this fraud. But it's going to end,
Because your fraud is used not only to grant citizenship to illegals dropped over the border - but the chain migration that follows. If an illegal can squirt out a baby on American soil - it brings in 30 to 40 foreign nationals with no ties to this nation. Which of course is your goal - to destroy America from within.
But America is sick of your fraud - sick of the con.
While Obama judges will file injunctions and do all they can to ensure the border stays open, the Administration is on rock solid legal ground. Eventually this will go to SCOTUS, who very likely will rule that birthright citizenship does not apply to those who have criminally entered the country.
Neil N. Blowme
Verified User
There is no such thing as "settled law".