Monday, June 8, 2009

"Anchor babies" not protected under 14th amendment, says commissioner.

A county leader says automatic citizenship issue is "ripe for litigation."

County Commissioner Bill James cited opinions among members of congress and some legal think tanks when he wrote me last week saying U.S.-born children of illegal immigrants should not be granted automatic citizenship.

He was responding to my story about U.S. Rep. Nathan Deal of Georgia and his efforts to change a federal policy that automatically grants citizenship to any baby born on U.S. soil. He and his supporters feel the current policy encourages illegal immigration and makes immigration enforcement more difficult.

James supports the effort, but questions whether the policy needs to be changed. He argues it was “never written to include everyone born in America.”

The debate is wrapped up in the 14th Amendment of the Constitution. Ratified in 1869, it was written as a result of slavery. States were saying African Americans were not citizens and therefore were not eligible for any rights. 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."

The question at hand is whether the U.S.-born children of illegal immigrants should be considered "subject to the jurisdiction" of the U.S.

James argues they’re not.

The longstanding practice giving U.S.-born children of illegal immigrants birthright citizenship has never been directly reviewed by the Supreme Court.

James points out the children of diplomats are not subject to the jurisdiction of the U.S. Their children do not enjoy birthright citizenship. Their embassies, consulates, and residences are considered foreign soil. They can be removed at the will of the president.

But others disagree.

Miguel Manna, a former Charlotte immigration attorney who is now working in Raleigh, says illegal immigrants are subject to the jurisdiction of the U.S. Here is what he had to say:

“If an undocumented alien breaks a U.S. law or state law he/she is subject to prosecution. If an undocumented alien works in the U.S., despite not having permission to do so, they are still liable for taxes on their income. They also enjoy the benefits of our police protection, and constitutional safeguards, etc. The fact that they are in the U.S. illegally is somewhat irrelevant as most immigration violations are civil in nature.”

Manna said that when the 14th amendment was being drafted vigorous debate ensued about citizenship by birth in the U.S. Some Senators did not want the mere accident of being in the U.S. at birth to determine the great privilege. Others wanted a more expansive definition, to include diplomats and foreign dignitaries.

The reality is, Manna says, “nobody really knows what Congress intended when they added "and subject to the jurisdiction of thereof..."

Photos: Bill James, Library of Congress


Steve said...

I would be interested in seeing Mr. James's naturalization papers. If his citizenship was based on just being born here, I trust he renounced that claim and went through all the proper channels.

Anonymous said...

They are good people who come here to drive drunk, use public services without paying taxes & steal identities!

Anonymous said...

I seldom agree with Bill James on anything but this time I find I'm with him. I was born in Japan of American parents and Japan never offered me citizenship. On the contrary, being born of American parents conferred American citizenship on me, regardless of where on the planet I happened to have been when I was born. The nationality of the parents should determine the nationality of the child.

Anonymous said...

Main Entry:
1il·le·gal Listen to the pronunciation of 1illegal
Middle French or Medieval Latin; Middle French illegal, from Medieval Latin illegalis, from Latin in- + legalis legal

: not according to or authorized by law : unlawful, illicit ; also : not sanctioned by official rules (as of a game)
— il·le·gal·i·ty Listen to the pronunciation of illegality \ˌi-li-ˈga-lə-tē\ noun
— il·le·gal·ly Listen to the pronunciation of illegally \(ˌ)i(l)-ˈlē-gə-lē\ adverb


Any Questions?

Tu papa said...

to anonymous at 6:44
this is America not Japan, I don't know if your small mind can comprehend that countries have their own laws and what applies in one doesn't apply in another. Let me ask you a question, what if your parents immigrated to Japan to live there permanently, wouldn't you want the Japanese govt to grant you citizenship? It is funny how xenophobes become legal experts when it comes to immigration especially since most of them have no clue about immigration laws and procedures. for the rest of the xenophobes that wil post here, being undocumented in this country is not illegal, it is a civil misdemeanor not a criminal felony, so get it through your thick skulls. One more thing, Stop the lies about undocumented aliens using food stamps and welfare because that is absolutely untrue. You have to show proper documentation to aply for govt assistance. One message to the xenophobes, those undocumented aliens are here to stay and there is not a damn thing ya'll can do about it, so dream on and keep hating, it is only affecting your stress level, lol.

osslv said...

The question would be; If anchor babies are not US citizens, what citizenship will they be granted? Now if the 14th amendment where to be reversed by the supreme court (a very unlikely scenario)or at least changed to exclude this group, how many will it affect? How about if only one parent is not completely legalized? I believe this should not be a theme to even be considered at the supreme court, it was brought up by haters fearing changes in society. Now i do not approve illegal immigration, instead we should be penalizing the people who prey on these people; construction companies who hire illegals as ways to make extra money, the farmers who pay little to have them pick their crops, and the households who hire nannies and to do cleaning help. So commissioner, please stop the hate and try to do something more constructive, it is not just the land of your ancestors anymore, times have changed whether you like it or not.

Anonymous said...

To 6:56 and 7:16 pm

Good points of view!

darkferi said...

It's about time this issue is being seriously reviewed. Anchor babies should NOT be allowed citizenship when their parents broke the law to come here. It's bad enough that our social services are exploited by these illegals. Teaching ESL in American public schools has always been absurd. Legislators are slowly beginning to look at the logistics: opening the floodgates of compassion and 'fairness' to people who are here illegally only leads to even more people coming here illegally. We should NOT have to subsidize all of Latin America.

Our law enforcement needs to be given the power to drive these people back across the border themselves... apparently the INS isn't interested.

And Americans who hire illegals need to be prosecuted as well. Severely, and on a per-violation basis.

Anonymous said...

Seems these "anchor" babies would only be U.S. citizens IF their parents were in the custody of the United States. Since the U.S. is unaware they have escaped the Border Patrol and are trespassing here, they are not "under the jurisdiction of" the United States. If they were, seems the U.S. would have the immediate duty to deport them.

edwin said...

Voy a escribir en español para hacer rabiar a estos gringos putos, si no son racistas porque se quejan? los que nacen aqui son americanos no importa de donde sean los padres el negar ese derecho por el color de piel es simple y cobarde racismo, escriban en español para hacerlos emputar...

Anonymous said...

Anchors aweigh, my boy
Anchors aweigh...

Anonymous said...

Yeah, Edwin, like you or your kind ever made a difference...

edwin said...

Always baby... always.

Anonymous said...

At the time the 14th amendment was written, I doubt that anyone in the US government could have imagined that such an incredibly screwed up country south of our border would have citizens so desperate to escape that they would "anchor babies" in our country.

Unfortunately, I believe we are stuck with their lack of foresight on this matter.

If only they could have imagined what a mess would be created south of our borders...

Bowman said...

From the Federalist Blog:

"it is important to discover the operational meaning behind “subject to the jurisdiction” as employed under the Fourteenth Amendment rather then assuming its meaning from other usages of the word jurisdiction alone. Both Sen. Trumbull and Sen. Howard (14th Amendment authors) provides the answer, with Trumbull declaring:

The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’ Not owing allegiance to anybody else. That is what it means.

Just as a person cannot be naturalized and subject to the jurisdiction of the United States while owing allegiance to another nation, neither can anyone born.

Sen. Trumbull further added, “It cannot be said of any Indian who owes allegiance, partial allegiance if you please, to some other Government that he is ‘subject to the jurisdiction of the United States.’” Sen. Jacob Howard agreed:

[I] concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the word “jurisdiction,” as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States, coextensive in all respects with the constitutional power of the United States, whether exercised by Congress, by the executive, or by the judicial department; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now.

What Sen. Howard is saying here is citizenship by birth is established by the sovereign jurisdiction the United States already has over the parents of the child, and that required that they owe allegiance exclusively to the United States - just as is required to become a naturalized citizen.

Anyway, the above statements by Howard and Trumbull give us a good idea of what “subject to the jurisdiction thereof” as employed under the Fourteenth Amendment means: Absence of owing any allegiance to any other foreign power, which in return allows the United States to exercise full and complete jurisdiction over the person."

Steve said...

Mexico has its problems, but we need to realize that the US has contributed to the reasons people come here illegally. First of all, the system for coming here legally is seriously dysfunctional. We don't provide the resources to make legal immigration workable, or the resources to police the borders. Second, our agricultural subsidies, particularly for corn, has made it hard for Mexican farmers to stay in their villages and support themselves, when people can buy grain cheaper than they can grow it. Third, US businesses have demand for cheap labor and enough political clout to prevent the government from keeping them out. If employers would quit giving them jobs here, they'd stop coming.

Anonymous said...

Bowman.... and your point is...?


Steve...many of our parents came here the right way. They gained their citizenship first!!!

THESE ANCHOR BABIES and incentive to come here costs US TAX PAYERS billions of dollars. Take a look at CALIFORNIA.

The 14th amendment needs to be repealed!!! If congress doesn't have the stones to do it, put it to a special election vote.

I bet it would come out with an overwhelming NO MORE ANCHOR BABIES.

Also, if American's were to attached their SS card and let them pay for the ANCHORS, I'd bet these liberals would turn to CONSERVATIVE.

We need to get rid of these people. Including OBAMA'S ILLEGAL AUNT LIVING AND MOOCHING OFF TAX PAYERS.

Bowman said...

US natural born citizenship history:

From 1788 to 1866, whomever a State declared was a State Citizen was also a US Citizen. This allowed some states to give Citizenship to black people and others to deny it.

After 1866 all blacks in the US WHO DID NOT RETURN TO AFRICA were granted US Citizenship. The ones who returned to Africa (eg. Liberia) were not under the complete and sole US jurisdiction, and thus were not eligible for birth Citizenship.

In 1898 the Supreme Court extended birthright citizenship to the children of Chinese legal immigrants. This was a case of judicial activism to get around US law at the time which did not allow Asian immigrants to naturalize (become US Citizens).

In 1924 Congress utilizing the powers granted them by the 14th Amendment declared all Indians born in the US were also US Citizens. This overturned past law which denied birth citizenship to Indians born on reservations, the prior law in fact was upheld by the Supreme Court in 1884 in Elk vs. Wilkins.

During the Great Depression Hoover and FDR deported illegal aliens and their US born children. Later during WWII some of the children were granted US Citizenship only on the condition they joined the Armed Forces and swear sole allegiance to the USA.

During the 1960's LBJ decided illegal alien children should be eligible for "Great Society" benefits, consequently they were considered natural born citizens by Executive branch departments.

As one result of the above Presidential decision, in the 2000's pregnant Koreans mothers come to the US on organized "Birth in the US" tours so their children can be US citizens, then fly back to Korea with their child after the birth. One reason is to gain future admittance to US Universities, another is to keep their sons out of mandatory Korean military service.

As another result of the LBJ decision, 500,000 anchor babies are born in the US every year, thus forcing American taxpayers to spend $100 billion to educate, medicate, feed, and house them until age 18.

Bowman said...

My point is, that immigration attorney is lying that "nobody knows what Congress intended" when they passed the 14th Amendment.

Congress intended that the children of aliens and foreigners not be granted birthright citizenship, they said so in the written record!

Also notice open borders newspapers never mention this fact, they support the cheapening of US citizenship.

Anonymous said...

Everyone knows this Amendment is being exploited by illegal aliens and it's time it was stopped. It's time the exploitation of this entire nation and it's citizens came to a screeching halt. This Amendment was enacted to protect the children of slaves who were dragged here against their will; not to "anchor" invading illegal aliens. We're tired of illegal aliens, we're tired of the anchors they produce and WE pay for. Take it to the SC or better yet, put it to a vote of the LEGAL citizens of this nation and we'll TELL you how we want things done! We're being invaded and our laws are being used AGAINST us. Get these people out of here and tell them to take their anchors with them. Everybody knows what they're up to. Everybody.

Anonymous said...

Steve--Since when does our nation have to change the laws to suit the lawbreakers? We don't OWE anyone citizenship in this great nation. It should be earned, and just like an AMERICAN criminal pays for his crime, so should a person from anther nation who breaks our laws. We don't change the laws to accommodate AMERICAN lawbreakers....we don't change them to accommodate lawbreakers from any other nation. Period!

Rebel said...

Hey, Steve, if Mr. James was born to LEGAL PARENTS or CITIZENS, that pretty much negates your comment. We're talking about illegal aliens' children, not the children of citizens, or even of legal residents.

The very debates by the writers of the 14th amendment are preserved in the congressional record and can be read today by YOU!

Anonymous said...

in case anyone was wondering what edwin wrote in spanish:
I am going to write in Spanish to make rage to these putos gringos, if they are not racist because they complain? those that is born here are American it does not matter of where they are the parents denying that right by the skin color is simple and coward racism, write in Spanish to make emputar them…

Anonymous said...

I say send all the illegal scum packing. And their babies also. In CMS we must be spending millions for the special classes, free lunches, grants, etc to illegals and kids of illegals. Then they go to the hospital and free care in the emergency room because they don't have money.

DEPORT them all. Babies first.

Monkee said...

You are wrong, please do not use google translator to appear knowledgeable, rather try to gain prowess in a second language.
but as i imagine, xenophobe, you have no intention in learning my language, which for some reason you believe to be the language of "moochers," "criminals," and i think i even read "drunks" somewhere in there.
before you complain about wasted money in education because of the ESL look at the fine, young americans who waste this money by dropping out of school, because they are too busy doing drugs at the back of their deadbeat mcdonald's job.
i laugh when i read that we immigrants are "exploiting" this country. haha, may i ask what the US is doing in Irak, and recently Iran, besides looking for nonexistant weapons of mass destruction? perhaps this is where the tax dollars are going.
i hope there are not many people like Mr. James in this great nation of immigrants.

Michael said...

Just go back to your own country already, and take your children with you. The vast majority of us do not want the tsunami of illegals that has overwhelmed our country. Overwhelmed our resources, overwhelming our population, crowding our cities, overwhelming hospital/emergency room resources. Overwhelming our schools, and they expect special treatment and language teachers... just for their illegal/criminal arses. Pleanty of legal immigrants have come here and contibuted to our society, but they have done so *legally*.

If you want 'lil mexico, never learn to speak English and drink beer all day- go the frak back to your thirld world country of mexico. Stop turning our neighborhoods into mexican slums that are infested with crime, and the ever increase of violent hispanic gangs that have made their way into this country and melted into these slums being created by all these *illegal* immigrants. Go back. Go now.

The articles below are just the tip of the iceberg. It's past time to do the right thing, and the right thing is to enforce the laws of this country. Enforce our laws!



Her ATM card, illegal immigrant's face

The secret list of ID theft victims

The Immigrant Gang Plague

Anonymous said...

Surprised by the amount of ignorant, xenophic and racist comments on here. You always expect a few but wow, scary! I guess these economic conditions really bring out the worst in people. I hope any out-of-towners have the sense not to read the comments so they don't think we're all a bunch of racist hicks.

Anonymous said...

It is time to change this law. We need to have a wedge to prevent illegal aliens and their children from transforming America into another state of Mexico. It's already happened in California. I know. I used to live there. This is not about racism. It's about national survival. Illegal aliens and anchor babies are not interested in being Americans. They pledge no allegiance but Mexico. Those who serve in the U.S. military deserve citizenship. Those who just suck the teat of America's growing socialism need to be sent home.

Anonymous said...

Whatever happened to "Give me your tired, your poor, your hungry masses longing to be free..."?

Anonymous said...

There is much racial animosity between blacks and reds in all the border states.,0,4924341.story

As far as the 1869 14th amendment it was clearly put in place to supercede the 60% clause and to make ex-slaves as citizens.

Its too bad the early European settlers didnt use the native indians as their slaves instead of trucking to Africa to have the tribal chief slave dealers hock their rejects off on them as they had done for thousands of years.

The original elite christian European American historical justification slavery excuse was the youngest son Ham black race decendant curse in the Torah book of Genesis who committed an aggregious act on his father Noah after the great flood wiped away the earths population.
As the verse goes the Ham descendants were to be servants to the 2 older sons of Shem and Japheth and this is why the African Hamites were used and still are in north Africa and Asia and the middle east.

The flaw to this is all the great white European caucasoid nations and cities were built by whites only without a single African slave.

The ironic twist also is Spain and all white Euro Latinos who were part of the great Roman empire owned slaves in the new western world and America only got about 5% of the total African slaves with 99% coming into the Rhode Island ports over a 250 yr period.

Even more ironic is Obamas African father from Kenya was not involved in the slave trade but his white mothers ancestors were slave owners making him a descendant of slave owners.

The owner of this blog Francos Spanish ancestors surely owned African slaves also being of the white aristocratic European caucasoid European Latinos who continue to rule in Mexico and other central and south America or Carribean nations like Cuba.

The white missionary Latino elite Euro southern Mediterranean nations of Spain, Italy, Portugal, etc are all wealthy elite nations who paid Chris Columbus well in 1492 to take the Nina Pinta and Santa Marie ships west 3000 miles across the ocean to discover what would be named North America.
Upon landing he nailed a large wooden christian cristian cross into the shores to symbolically claim the future Americas from the pagan cannibal mongoloid red Asian migrants.

JED said...

As I have said before, do not change the 14th. Ammendment.

Deport all the illegal parents.

Leave the U.S. born children here.

All of you bleeding hearts that say you can't seperate the families can take responsibility to raise these U.S. born citizens (in your own homes)untill they are old enough to take care of themselves.

Problem Sloved!!!!

Bowman said...

"Whatever happened to "Give me your tired, your poor, your hungry masses longing to be free..."?"

To answer your question, it still applies, this plaque inside the Statue of Liberty is what political refugees felt upon first see the Statue.

The US still allows in 150,000 political refugees every year, even though probably 1/3rd of their claims are fraudulent. In fact I know one Chinese lady who told me about how she lied in order to get a political refugee green card.

On the other hand illegal aliens are here to increase their salary and take public benefits from Americans, the Statue of Liberty is not for them, it is not named the "Statue for a Better Life".

Michael said...

In reply to Bowman-

Just in case others didn't know.

The US total legal immigration averages over 800,000 every year. In some years, like 2005, the US allowed over 1 million legal immigrants. That was a "catch-up" year the govenment does every so often- other family members of the legal immigrant are allowed to come here.


Anonymous said...

LOL!! Monkee said "Irak" while talking about kids dropping out of school. Monkee, did you drop out yourself? ANY idiot knows it is spelled IRAQ. Just proves how ignorant you open border illegal lovers are!

Anonymous said...

Whatever happened to "Give me your tired, your poor, your hungry masses longing to be free..."?"

This was only a sign of the times and applied to European immigrants who were prodded to come to America in the mid-late 19th century to fill in the empty gaps of vastness of the plains where they could stake a claim and the govt would give them free land.

The melting pot was for European whites only. Sorry to advise but all those who think it applied to other races are mistaken because it didnt. It applied only the 60 odd European nations and had nothing to do with other races.

Times changed and America got its fill of immigrants, even white Europeans, and made a waiting list in the 20th century that holds today.

We saw how Castro duped bleeding heart Carter in 1979 when he emptied his jails and unloaded all his criminal scum on America to Jimmys outstretched hands but then they had to be all rounded up and sent to jail as menace to society.

Mexico is unloading its crap on America in the same way.

Times have changed. America does not solicit immigrants to come here and hasnt for 125 yrs.


Monkee said...

i misspelled one word, and i'm an ignorant illegal lover, you idiot?
perhaps i should point out that when talking about immigrants all of you have been referring to hispanics as mexicans.
ignorant xenophobes...
just the fact that you come to display such hatred towards immigrants makes you an ignoramus.

Anonymous said...

The ILLEGAL parents know what they are doing; Abuse of the 14th Amendment to create an Anchor Baby and more ILLEGALS for U.S.A. Citizens to furnish benefits! The babies serve as an "anchor" to pull a large number of extended family members into the country to receive additional benefits further exhausting our treasury to the final outcome of the U.S.A. becoming just another Third World Country!

The Elitist Politicians and their Elitist Political Contributors consider United States and North Carolina citizens only as "units of labor" and the sooner we become a Third World Country the better for their "bottom line"! Our Elitist Politicians and their Elitist Political Contributors will not be happy until they transform the United States into a Third World Country for most of our citizens while furnishing the Chamber of Commerce and all their Elitist Special Interest Groups with their supply of "cheap labor". The Elitist Politicians are providing "benefits" to the ILLEGALS and their Anchor Babies on the backs of United States and North Carolina citizens through our assets such as the Education System, Social Security, and Health Care not to mention our National Security!

Anonymous said...

For a LACK of defensible arguments the Pro-ILLEGAL Elitists, Elitist Politicians, Elitist Political Contributors, ILLEGAL EMPLOYERS, and other Special Interest Groups benefiting from the ILLEGALS always fall back on name calling, attacking anyone who disagrees attempting to label them as racists or "ignorant xenophobes" as in this comment section.

Heavy Fines and Felony Jail Time for ILLEGAL EMPLOYERS!!! Remember the ILLEGAL EMPLOYER Robert Camp in Houston and the murder of the Police Officer by his ILLEGAL EMPLOYEE!

Tu Papa said...

The muchachos are taking over, love it, and there is nothing the hicks can do about it. In 2050, they estimate that today's minorities will become the majority. Got love that bam bam bam, lmao, lol. Hicks look inbred and smell funny

Anonymous said...

Hey Tu Papa - yep, when us hicks become the minority, you'll be working all day paying taxes and we'll be living it up taking advantage of all the freebies. And we'll get to have a Miss White America Pageant, and we'll have a great organization to fight for our "rights" called The National Association for the Advancement of White People, we'll have a White Political Caucus, a White History Month, and college scholarships which are only for us!

Anonymous said...

All illegal immigrants should be deported and their anchor babies (no matter how young or old) should be deported with them. Enforce existing immigration laws! No amnesty of any kind!

Anonymous said...

Deport all anchor babies and their illegal immigrant parents.

Deport all illegals already! Easier now than it will ever be. Do it now!

Anonymous said...


Talk about smelling funny...just being around the muchachos makes me feel like puking. They emit some funky odor like all of them wear the same kind of stinking perfume. If don't don't smell like cheap perfume, then it is still bag because they didn't get a bath. They ran out of hot water and soap before it was their turn to bathe. This happens when you live 12-20 people in one home.

Anonymous said...

I like Bill James. He has very insightful views on illegal immigration. Wish some of the others on the BOC would wake up and see that NC has way too many illegal immigrants. They use up the resources and put the counties and the state deeper in debt.

Anonymous said...

"subject to the jurisdiction"

According to the Supreme court, this is the country you owe allegience to. And unless and until you come here LEGALLY, you owe allegience to the country you left. And as you know, the Mexicans give their allegience to they carry their Mexican flags and refuse to learn english, and burn the American flag or drag it through the dirt.

Monkee said...

" they carry their Mexican flags and refuse to learn English, and burn the American flag or drag it through the dirt."

what are you on, buddy?
you honestly think HISPANICS refuse to learn English?
this is not about allegiances, sir, none of us "wetbacks" are planning to subvert your government, asshole.
and we also don't randomly burn American flags, either. we also don't steal government money, as one needs a social security number to get government assistance.
and if you "lose" jobs to immigrants it is because you are lazy Americans, if an undocumented person get6s the job you wanted, it is perhaps because your were not good enough whereas the other person was.

Anonymous said...

Oh so illegals steal other people's social security number and THEN they steal from the govt. Now I understand.

Michael said...

The articles below are just the tip of the iceberg. It's past time to do the right thing, and the right thing is to enforce the laws of this country. Enforce our laws and protect our borders.

The Immigrant Gang Plague



Her ATM card, illegal immigrant's face

The secret list of ID theft victims


Anonymous said...

If I am traveling in France, and have a baby, it is not automatically given French citizenship.

Mmmm, why is America so dumb. Especially when it comes to granting US Citizenship to Illegals that give birth.


Anonymous said...

I have read a great amount of material written by the founding fathers. When it comes to the government, they are a couple of things that are obvious. One, Americans were very concerned about their own governnment brcoming a tyranny. Therefore, they wrote things on purpose to keep it from happening. Today's government is beyond what they expected. Second, they were concerned with foreign entanglements. They would see illegal immigration as a foreign entanglement on U.S. soil, and would see it as an entanglement of the worst kind. They did not want large groups of people, here, with a foreign allegiance. When natives, and former slaves, kept coming into the U.S. from Florida Territory, it was one cause of the War of 1812. A flood of illegal aliens, in the 1800's, would have caused a war then too.

Anonymous said...

Here are a few points in response to some of the posts I've read on here:

1. Children born of undocumented immigrants cannot petition for their family until they are 18.
2. Undocumented immigrants ARE removed even if they do have US Citizen children. It has been held by courts that this will not cause "undue hardship" to the US Citizen child, which is one of the elements required to grant relief to an undocumented immigrant.
3. Conservatives are quick to speak about being textualists and strict constructionalists when it comes to interpreting the Constitution. Why is it not "judicial activism" when they want the Court to "reverse" the 14th Amendment or to look beyond the text?
4. I wish everyone would read the Constitution, including Article V, because it's clear that many here do not know how the Constitution is amended.

Monkee said...

"Oh so illegals steal other people's social security number and THEN they steal from the govt. Now I understand."

they also cannot do that.
you should trust your own government to work well enough to recognize that a person is using the wrong social security number.
you should, by using reason, know that the government knows who the owner of the social security is.
you should also infer that when giving out federal aid, the government will check that a stolen ssn isn't being used.

can idiots keep their comments to themselves?

Anonymous said...

I am a moderate Democrat, I voted for Obama, and I hate this spic filth that comes in here illegally and taxes our social services to death, lies at every opportunity, gets free heath care, etc. These scum are not as bad as the n i 6 6 g e r s but they'rr close.

Monkee said...

"I am a moderate Democrat, I voted for Obama, and I hate this spic filth that comes in here illegally and taxes our social services to death, lies at every opportunity, gets free heath care, etc. These scum are not as bad as the n i 6 6 g e r s but they'rr close."

yeah, this clearly shows you guys are educated, and certainly not racist.

Pastor Alan said...

I'm trying to figure out how "any person born in the United States is a citizen of the United States and the state in which they reside" is suddenly going to mean something else. This is judicial activism at its best.

Michael said...

Well, Pastor. These types of feelings happen when people feel frustrated and overwhelmed. Most Americans want something done about illegal immigration and the problem just keeps getting worse and worse and worse.

The federal government, Constitutionally speaking, has very specific responsibilities, even if those responsibilities have now become nothing but a power grab from citizens. But, one of those duties is to defend and protect this country- that means our borders. The President is supposed to make sure the laws are executed, and being CIC, he is also charged with defense of this country... our borders are part of this country, by the way.

The laws are being ignored, for the most part, and people are fed up. Most things are good in moderation, but too much of anything is not good. There is far too much illegal immigration happening and not only isn't it being stopped, the ones already here *illegally* aren't being dealt with. I love neapolitan ice cream, but I certainly don't want an elephant dump sized load dropped in front of me. This country already allows over 800,000 legal immigrants in every single year. That is more than anyother nation in the world.

Enforece our laws and protect our borders.


HolyCow2 said...

Anonymous said...
Whatever happened to "Give me your tired, your poor, your hungry masses longing to be free..."?

What happened to it? That is easy. What it comes down to is this. The U.S. cannot support the number of people that want to come here, period! Do you have any idea how many hundreds of millions (if not billions) of people around the world want to come here? You could charter every plane in every carriers fleet, flying 24/7 365 to bring them all here and it would still take decades. Of course then the everyone would be crammed in shoulder to shoulder from coast to coast. The country would of course implode and the country and everyone in it would be back to square one and looking for another country to move to because this one would exist only in name.

It comes down to this. The U.S. cannot afford to take in everyone who wants to come here. It is impossible. As for the current situation why should the illegals of the latin american countries step in front of the people who are trying to get here legally? Many have been in line for years! Is it just because they can walk here and then have a child here? That should not give them that right. The U.S. has given amnesty to illegals before. Now we are in the same boat again. So let's say for instance that we give these 12 to 20 million (depnding on whose figures you belive) amnesty and citizenship. Without securing our boards with a shoot to kill mentality we will be in the same boat once again in 10 years. If it doesn't stop now, when does it stop?

Anonymous said...

Tu papa, Sorry, but you are wrong. WE are getting rid of them as we speak.
We find them, round them up, and deporta them.

Susan1959 said...

Sorry for those that disagree, but the 14th amendment says it plain and simple: if you are born here on U.S. soil, you are a United States citizen.

Aaron said...

This is an argument made by xenophobic bigots. And I'll state it here and loudly: their offensive views are not American. They should pack up and head to China, a country with a leadership more in line with their mindsets, and one where there are no "anchor babies". For people who make this argument are not Americans.

Anonymous said...

I agree with Steve, and wholeheartedly disagree with the Japanese-born person of American parents - think about it - you would be a man with no country had America, with its unique philosophy, turned you away. If you look back at all of those citizens who came here unsponsored (I am an Italian-American, third generation) whose Grandfather came sponsored, but have family who came and prospered because of the very plaque that resides on the Statue that greets all who arrive - If not for that plaque, we might have stayed in Italy, but we also might not have fought in 5 wars for this country to protect what was offered us and we might not have produced lawyers, architects and other wonderful assets to this great country. Anchor babies? Legally, sure, it might be a litigious issue, but on that same token, we must seek precedence - and precendence is that children born of illegal immigrants are legal. Jurisprudence is just that - so Mr. James, loophole after loophole you may seek, but history cannot be undone.

Michael said...

It should have never come to this- the 14th amendment wouldn't have to be reconsidered or talks of reinterpretation would not be an issue if the laws of this land were being enforced and our borders being defended.

But, the illegal immigration problem has been allowed to get way out of control. Many people are just pissed off about it, and that's when extreme measures like this start to come up.

If something doesn't change, the bitterness will only get worse, it's inevitable. Those who don't understand that are extremly naive and do not understand basic human nature. But, like so many things, the government doesn't do anything about it until there's a "looming disaster". What should have stayed as a minor issue has been allowed to explode because of decades of "looking the other way", negligent enforcement of our laws and lax protection of our borders. Many of us are just so tired of it, so tired of all the subterfuge.


Anonymous said...

"any person born in the United States is a citizen of the United States and the state in which they reside"

Ok, so if they cross the border to have a baby so that the baby can hold US citizenship... what U.S. State did they reside in that would permit them to fall into the category of "the state in which they reside"?
If they came from Juarez, for instance, then that is NOT a U.S. State, therefore, they could not be given U.S. Citizenship!

Monkee said...

"any person born in the United States is a citizen of the United States and the state in which they reside"

Ok, so if they cross the border to have a baby so that the baby can hold US citizenship... what U.S. State did they reside in that would permit them to fall into the category of "the state in which they reside"?
If they came from Juarez, for instance, then that is NOT a U.S. State, therefore, they could not be given U.S. Citizenship!

the constitution refers to the person born in the state, not the parents.
therefore, if the person was born in kentucky, they are citizens of the US and the state in which they reside, Kentucky.

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