Domain: tiger-web1.srvr.media3.us If Trump is right on birthright E.O. | Page 2 | Political Talk
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re: If Trump is right on birthright E.O.

Posted on 10/30/18 at 9:52 am to
Posted by TheFonz
Somewhere in Louisiana
Member since Jul 2016
23018 posts
Posted on 10/30/18 at 9:52 am to
quote:

1) What would/should happen to the citizenship of those who have already qualified this way?



Likely will be grandfatherd in.

quote:

2) Instead of full citizenship, would you be ok with granting at birth Legal Permanent Resident status (Green Card) instead of citizenship.


No.

quote:

3) The 14th amendment deals with those born here and those who naturalize...what effect would/should this order have on naturalization?


It shouldn't have any effect. If you obtain full U.S. citizenship, and you have a kid, it is a citizen. If you have permanent residency on the path to citizenship and have a kid, then it should only require a minimum amount of paperwork for the kid to become a citizen, OR the kid becomes a citizen when the parent obtains it.

Of course, if one of the parents is already a U.S. citizen, then the kid is good to go.

That is how I would do it, anyway.
This post was edited on 10/30/18 at 9:55 am
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
36589 posts
Posted on 10/30/18 at 10:04 am to
quote:

Given the original intent which can be derived by the writters of the 14th would lead one to believe that illegals would not be covered.


The language is pretty clear regarding those born here

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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

If we don't like it, the framers provided an avenue for us to rectify it. I really don't want the executive branch trampling over the constitution willy nilly....that's governing by executive fiat.....make Congress do your will. If they don't do what you want, the framers provided an avenue to rectify this as well, it's called an election ....or a Convention of the States.
Posted by deltaland
Member since Mar 2011
101482 posts
Posted on 10/30/18 at 10:14 am to
If anything the issue needs to be addressed by the Supreme Court.

I would think the intention is that anyone born here of a legal resident is automatically a citizen. Children of illegal residents should not get automatic citizenship
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
36589 posts
Posted on 10/30/18 at 10:48 am to
quote:

I would think the intention is that anyone born here of a legal resident is automatically a citizen.


And you would be wrong. Up until about 1900 the idea of an illegal immigrant/alien was not something that was thought of. You wanna talk about extreme immigration, thousands were arriving at New York daily/monthly in the 1860's - 1870's and once they got off the boat they were basically given citizenship.

During the Civil War, it went like this "Welcome to your new country,now go and fight for your new country."
Posted by The Maj
Member since Sep 2016
30551 posts
Posted on 10/30/18 at 10:50 am to
quote:

During the Civil War
quote:

1860's


Do you know when the 14th Amendment was written? You seem to be slightly confused or maybe you are simply "wrong"...
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
95114 posts
Posted on 10/30/18 at 10:53 am to
quote:

2) Instead of full citizenship, would you be ok with granting at birth Legal Permanent Resident status (Green Card) instead of citizenship.


No.

quote:

1) What would/should happen to the citizenship of those who have already qualified this way?



Null and void.

quote:

3) The 14th amendment deals with those born here and those who naturalize...what effect would/should this order have on naturalization?



Immigrate here legally with the intention of becoming a citizen OR be born here (or abroad) of one or more U.S. Citizen parents - with proper documentation, of course.

Those should be the only two (three?) ways to acquire U.S. Citizenship.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
36589 posts
Posted on 10/30/18 at 12:32 pm to
14th Amendment was written in 1868.....I'm well aware of when it was written . It was pushed through by the Radical Republicans (that's what they called themselves) during Reconstruction. It was mostly aimed at protecting the recently freed slaves from a lot of bullshite laws that were being enacted down South in the aftermath of the Civil War as the old Southern power structure was coming back . Things like "Apprentice" Laws which was just another way of crating slavery.

Remember at the time, there was no such thing as "illegal" immigration. Immigrants in the US were just a fact of life.....oh, that guy is from Poland...that one from Germany....Ireland, etc. So if you want to go with original intent, the authors of the 14th Amendment would probably look at you like your face was upside down. Most people getting off the boat were basically naturalized as soon as they got off the boat after about 2-5 hours of standing in line at Ellis Island ....considerably less if they came in at New Orleans , Charleston or Philadelphia and answered a few questions . The paperwork was filled out and after a few years you automatically became a citizen ....it was a pro forma process. But the politicians and most probably the courts of the time would have said that a person born in the United States was a US citizen irrespective of the parent's birthplace and whether or not they went through the channels

You thought you would be witty and snarky, but like most Alabamians your reading comprehension is wanting....try advocating less marriage between brother and sister....get only as close as first cousins
Posted by OchoDedos
Republic of Texas
Member since Oct 2014
39637 posts
Posted on 10/30/18 at 12:36 pm to
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.

But if you're an illegal, and a subject of another country, and, then by natural law, the anchor is subject to the laws of the country for which the illegal birth mother is a legal citizen.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
81238 posts
Posted on 10/30/18 at 12:54 pm to
quote:

What would/should happen to the citizenship of those who have already qualified this way?


I would think the Constitutional ban on ex-post facto laws would apply to E.O.s as well.
Posted by Zach
Gizmonic Institute
Member since May 2005
117124 posts
Posted on 10/30/18 at 12:58 pm to
I think we should do like Iceland. You have to go there legally and apply for 1 year residence every year for 7 years before you can apply for citizenship. Then you have to take courses in Icelandic history, language and law. Then you might be granted citizenship and be allowed to have babies.

Iceland has almost zero serious crime (an occasional drunk driver). But I'm sure that has nothing to do with their strict immigration laws.
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