Reagan: Birthright citizenship is wrong for America

Leroy Wright
November 6, 2018

Trump has told America that he can sign an executive order to amend the 14th Amendment to end birthright citizenship. Under current law, USA citizens must wait until they are at least 21 years of age to petition for permanent residence for their parents. And that dictator has his wife have a baby on American soil.

Earlier this year the president missed a grand opportunity to trade legal status for young immigrants brought here illegally as children, known as Dreamers, for more border security - including funding for his proposed wall. That baby will be registered by the American embassy as an American citizen born overseas.

According to the US Citizenship and Immigration Services, if a child has one parent who is a foreign national and another who is a US citizen and has been physically present in that country for at least five years, the child in question automatically becomes a US citizen. If a law is backed by a statute, then it can only be changed through another statute. "Number two, you can definitely do that with an act of Congress, but now they are saying I can do it with just an executive order".

John Medeiros discusses the Fourteenth Amendment's birthright guarantee and the possible implications of repealing this right...

"It is not covered by the 14th Amendment because of the words "subject to the jurisdiction thereof".

Interpretation of the Constitution is about the black letter of what it says, what the authors intended when they wrote the law and court cases that address it when challenged. The Confederacy was defeated in the Civil War.

While the circumstances now are different than when my grandparents moved to the United States in the first two decades of the 20th century, the same sentiments exist - xenophobia, economic competition and misplaced fears about disease and the inability to assimilate into overall American society. "I'm a believer in following the plain text of the Constitution, and I think in this case, the 14th Amendment is pretty clear, and that would involve a very, very lengthy constitutional process". Then, there would never have been any confusion about which persons are American citizens.

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The 14th Amendment, added after the US Civil War, grants citizenship to anyone born on the US soil and was meant to give constitutional protection to former slaves.

Before any laws were created in the US restricting immigration (beginning in the 1880s), it was not possible to distinguish AUTHORIZED IMMIGRANTS from UNAUTHORIZED IMMIGRANTS because the borders were open for ALL IMMIGRANTS.

No. In the 1884 Elk v. Wilkins decision, the Supreme Court ruled that John Elk, a Winnebago Indian born on a reservation, had not denied his constitutional right to vote, as he was not a USA citizen. Looking at the writing done at the time, it seems jurisdiction was about one giving complete allegiance and loyalty to the United States. Scott was an enslaved African American who unsuccessfully sued in federal court for his freedom. And their citizenship was guaranteed in the 14th Amendment (1868).

Typically, Australian citizens undertaking surrogacy in the United States obtain USA citizenship for their child, and then travel back to Australia where the child applies for and obtains Australian citizenship. Based on the common-law doctrine of jus soli, or right of the soil, it is the law of the land in Canada, Mexico, Pakistan and most Central and South American countries.

By inference, should this exception also apply to other FOREIGN VISITORS living in the USA?

"In our own lives, in our marriages, in our families, if consistently the people we're dealing with can't believe what we say, if our children see that it doesn't matter that you actually accomplish things - all you do is just make stuff up whenever it's expedient - society doesn't work, democracy doesn't work", Obama said.

With a USA rule that dependents who turn 21 and still don't have a Green Card have to return back to the country of their passport, where would these children go, who are born in the U.S., but have Indian or whatever other citizenship status as their parent (s)?

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