Author Topic: Trump aims to remove citizenship from American-born children of immigrants  (Read 3089 times)

Gregmal

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Re: Trump aims to remove citizenship from American-born children of immigrants
« Reply #10 on: October 30, 2018, 03:29:03 PM »
I always thought (as a non-American) it is really weird to award citizenship based on location of birth. Not many countries do that (but then again, US worldwide taxation on worldwide income of non-resident citizens is way stranger).

Imagine that? Tax the shit out of people even when they've left, but let leach criminals move here unabated, and stay for free!


watsa_is_a_randian_hero

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Re: Trump aims to remove citizenship from American-born children of immigrants
« Reply #11 on: October 30, 2018, 04:09:50 PM »
From a constitutional perspective, this is very clear to me.  The key clause is "And subject to the jurisdiction thereof"

For context, this is what the author of the 14th amendment said...in the Congressional Record of 1866

https://t.co/kb8o31TgCr




wachtwoord

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Re: Trump aims to remove citizenship from American-born children of immigrants
« Reply #12 on: October 31, 2018, 05:53:37 AM »
I interpret that as implying if non-citizen parents giving birth in the USA the child will not have US citizenship. What am I misinterpreting?
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Schwab711

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Re: Trump aims to remove citizenship from American-born children of immigrants
« Reply #13 on: October 31, 2018, 09:28:34 AM »
How the amendment was interpreted/enforced for the next 150 years.

tengen

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Re: Trump aims to remove citizenship from American-born children of immigrants
« Reply #14 on: October 31, 2018, 01:27:32 PM »
There is no reference to the legal status of the parents in the comment except to exclude the children of diplomats ("ambassadors and foreign ministers"). Perhaps people are forgetting that diplomatic personnel and their families are not subject to the jurisdiction of the country to which they are posted (aka diplomatic immunity / extraterritoriality). Or perhaps people are claiming that children born in the US to unauthorized immigrants are not subject to the jurisdiction of the US, which seems quite strange.

watsa_is_a_randian_hero

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Re: Trump aims to remove citizenship from American-born children of immigrants
« Reply #15 on: October 31, 2018, 03:22:08 PM »
There is no reference to the legal status of the parents in the comment except to exclude the children of diplomats ("ambassadors and foreign ministers"). Perhaps people are forgetting that diplomatic personnel and their families are not subject to the jurisdiction of the country to which they are posted (aka diplomatic immunity / extraterritoriality). Or perhaps people are claiming that children born in the US to unauthorized immigrants are not subject to the jurisdiction of the US, which seems quite strange.

It specifically says the words foreigners and aliens in describing what is excluded

globalfinancepartners

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Re: Trump aims to remove citizenship from American-born children of immigrants
« Reply #16 on: October 31, 2018, 03:48:39 PM »
It specifically says the words foreigners and aliens in describing what is excluded

But "It" isn't the constitution or the 14th amendment to the constitution, is it?

Cigarbutt

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Re: Trump aims to remove citizenship from American-born children of immigrants
« Reply #17 on: October 31, 2018, 04:03:16 PM »
^It looks like the issue is not so clear cut.

The framers likely did not foresee the scope of illegal immigration and the rise of the welfare state.

Given customary and case law evolution, any restiction by statute would probably be deemed unconstitutional and require an additional amendment.

It would be possible for Congress to consider legislation over the naturalization process ("positive" legislation to clarify the naturalization process for children).

Common sense and historical context would also suggest that new legislation or constitutional amendment should avoid a retrospective effect on children already born.

https://fas.org/sgp/crs/misc/R44251.pdf

LC

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Re: Trump aims to remove citizenship from American-born children of immigrants
« Reply #18 on: October 31, 2018, 10:08:28 PM »
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wachtwoord

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Re: Trump aims to remove citizenship from American-born children of immigrants
« Reply #19 on: November 01, 2018, 03:45:04 AM »
Of course he would as Trump is an American. Or are you suggesting he isn't the father? ;)

The plot thickens ...
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