DHS Kept Secret the Release Of Violent Criminal Illegal Immigrants: Local law enforcement ‘perplexed’ over controversial policy.
Trump's published statement about immigration reform contains the following:
End birthright citizenship. This remains the biggest magnet for illegal immigration. By a 2:1 margin, voters say it’s the wrong policy, including Harry Reid who said “no sane country” would give automatic citizenship to the children of illegal immigrants.Read Trump's entire statement HERE.
What, exactly, does the Constitution say about birthright citizenship? Section One of the Fourteenth Amendment reads as follows:
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.What does jurisdiction entail? According to this (emphases mine):
...It should be noted that the condition of the father is what determines whether someone is born an alien or not because under U.S. law citizenship of wives and children always followed that of the father. And of course the status of the father was what determined the citizenship of a child born under law of nature.Read the rest HERE.
...[C]itizenship 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. It does not require a leap of faith to understand what persons, other than citizens themselves, under the Fourteenth Amendment are citizens of the United States by birth: Those aliens who have come with the intent to become U.S. citizens, who had first complied with the laws of naturalization in declaring their intent and renounce all prior allegiances....
...There is no way in the world anyone can claim “subject to the jurisdiction thereof” affirms the feudal common law doctrine of birth citizenship to aliens because such doctrine by operation creates a “double allegiance” between separate nations.
If there is one inescapable truth to the text and debates, it is this: When Congress decided to require potential citizens to first be subject to the complete jurisdiction of the United States they by default excluded all citizens of other nations temporarily residing in the U.S. who had no intention of becoming citizens themselves or, disqualified of doing so under naturalization laws. This was no oversight...
Ann Coulter points out in FOX NEWS ANCHORED IN STUPIDITY ON 14TH AMENDMENT (emphases mine):
In 1884, 16 years after the 14th Amendment was ratified, John Elk, who -- as you may have surmised by his name -- was an Indian, had to go to the Supreme Court to argue that he was an American citizen because he was born in the United States.Read the rest HERE. Regardless of how you feel about Ann Coulter, please read the entire essay.
He lost. In Elk v. Wilkins, 112 U.S. 94, the Supreme Court ruled that the 14th Amendment did not grant Indians citizenship.
The "main object of the opening sentence of the Fourteenth Amendment," the court explained -- and not for the first or last time -- "was to settle the question, upon which there had been a difference of opinion throughout the country and in this court, as to the citizenship of free negroes and to put it beyond doubt that all persons, white or black ... should be citizens of the United States and of the state in which they reside."
As ridiculous as it was to grant citizenship to the children born to legal immigrants under the 14th Amendment (which was about what again? That's right: slaves freed by the Civil War), that's a whole order of business different from allowing illegal aliens to sneak across the border, drop a baby and say, "Ha-ha! You didn't catch me! My kid's a citizen" -- while Americans curse impotently under their breath.
As the Supreme Court said in Elk: "[N]o one can become a citizen of a nation without its consent."
The anchor baby scam was invented 30 years ago by a liberal zealot, Justice William Brennan, who slipped a footnote into a 1982 Supreme Court opinion announcing that the kids born to illegals on U.S. soil are citizens. Fox News is treating Brennan's crayon scratchings on the Constitution as part of our precious national inheritance.
Judge Richard Posner of the 7th Circuit Court of Appeals is America's most-cited federal judge -- and, by the way, no friend to conservatives. In 2003, he wrote a concurrence simply in order to demand that Congress pass a law to stop "awarding citizenship to everyone born in the United States."
The purpose of the 14th Amendment, he said, was "to grant citizenship to the recently freed slaves," adding that "Congress would not be flouting the Constitution" if it passed a law "to put an end to the nonsense."
Also see The Debate Over Birthright Citizenship, Explained in 90 Seconds (video and text).
Clearly, then, the matter of the interpretation of Section One of the Fourteenth Amendment is quite complicated. For example, see United States v. Wong Kim Ark, an 1898 case which was not about birth tourism but a case often used to justify birthright tourism because the court's decision established jus soli (as opposed to jus sanguinis, the basis of citizenship in most nations in Europe, Asia, Africa, and Oceania).