Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 2/4/2015 12:58:57 AM EDT
Do we have to amend the 14th Amendment, or can a simple law end birthright citizenship to the kids of illegals?

Thank you for the info.
Link Posted: 2/4/2015 1:06:59 AM EDT
[#1]
I've heard this discussed. The 14th uses language like, people born under the legal jurisdiction of the US....aliens are not here under our immediate control and jurisdiction because the are citizens here from another country. It was written to cover freed slaves who were under US jurisdiction...

It would only take a clarification from the courts or Congress to end birth right citizenship....it is only the way it is now b/c foreigners dropping kids in our ERs was not so much of a problem a long time ago.
Link Posted: 2/4/2015 1:20:48 AM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I've heard this discussed. The 14th uses language like, people born under the legal jurisdiction of the US....aliens are not here under our immediate control and jurisdiction because the are citizens here from another country. It was written to cover freed slaves who were under US jurisdiction...

It would only take a clarification from the courts or Congress to end birth right citizenship....it is only the way it is now b/c foreigners dropping kids in our ERs was not so much of a problem a long time ago.
View Quote


So all it would take is Congress writing a law then?
Link Posted: 2/4/2015 1:29:29 AM EDT
[#3]
Link Posted: 2/4/2015 1:30:34 AM EDT
[#4]
This definitely needs to happen. Or at least make it so if you are here illegally then it doesn't grant citizenship, because that should be a no-brainer. No law should entice people to break other laws, and reward them for it.
Link Posted: 2/4/2015 6:28:34 PM EDT
[#5]
No, the Supreme Court has interpreted birth right citizenship as originating in the 14th Amendment. Congress cannot restrict it.
Link Posted: 2/5/2015 6:46:24 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
No, the Supreme Court has interpreted birth right citizenship as originating in the 14th Amendment. Congress cannot restrict it.
View Quote


The Supreme Court said no such thing.  They simply noted that under current law, some aliens were considered to be "subject to the jurisdiction of' the United States".  The law has changed since then, and aliens are no longer considered to have entered the United States until after they have been 'inspected' by a customs officer.  So an alien that swims the Rio Grande and makes it to, say, New York, is still considered to be 'seeking admission' if caught.  If Congress wanted to they could easily pass a law designating persons seeking admission to not be subject to US jurisdiction until lawfully admitted, and in fact there have been several attempts to do so.   Of course, if such a law was passed it would almost certainly be appealed to the Supreme Court right away and given the current justices...well I'm not too optimistic about how they would rule, regardless of the merits of the case.
Link Posted: 2/5/2015 1:12:53 PM EDT
[#7]
Nope.
Link Posted: 2/28/2015 7:03:34 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Nope.
View Quote

Back it up with a court opinion...not just your own  Honestly, I would like to read it.
Link Posted: 3/2/2015 6:06:32 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Back it up with a court opinion...not just your own  Honestly, I would like to read it.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Nope.

Back it up with a court opinion...not just your own  Honestly, I would like to read it.


Its a relatively new precedent ... 117 years old.

14th Amendment of the Constitution. Section 1.

United States v. Wong Kim Ark, 169 U.S. 649 (1898)


Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top