You are all posting as if children are born only to citizens or undocumented noncitizens. We have always had a lot of legal residents who are not citizens. Their children have always been citizens at birth. For a lot of our history, many foreign born women did not bother becoming naturalized even if they lived here for 30 years or more. |
The Homestead Act of 1862 offered farm land to European immigrants right off the boat, and their children born here were to be citizens at birth. Everyone who voted for the 14th Amendment understood that they were going to fill up the Midwest and Plains with new birthright citizens. |
The 14 amendment ensured citizenship to children born to African slaves brought to the US after importation of slaves was prohibited - i.e. illegally imported slaves’ children born in the US were guaranteed US citizenship. Given that, and the very strong history that supports the intent to grant birthright citizenship to all but diplomats and Native Americans, good luck trying to make up some other “originality intent” |
Why does MAGA hate our constitution? |
It's different now. I know of two women who got deported (different countries) in early 2000s while being married to American citizens for years and having children with them. Husbands stayed here with the kids. Tragic, unfair, but they should have done the paperwork. I am a legal immigrant, and you better believe I submitted my papers the moment I was eligible to apply for citizenship, and scraped together $$ for the filing fee. https://www.uscis.gov/g-1055?form=n-400 |
Legal foreign residents who have kids on U.S. soil was literally the crux of the Wong Kim Ark case. His parents were legal permanent residents when he was born here. That’s the only thing that should be considered precedent. Which, past “controlling” cases can and have been upended by the supreme court over multiple decades of court sessions. But the entire basis of the argument that birthright citizenship for the kids of undocumented citizens doesn’t need to be changed with a constitutional amendment is because Wong Kim Ark was not in any way, shape, or form—about the children lf undocumented immigrants. It was only about the child of legal permanent residents. But IMHO the issue is kids of illegal migrants who have to cross illegally because thry don’t have the qualifications necessary to come legally— not kids of permanent residents who have to jump through hoops to qualify for that status and are often economic boons. |
If getting rid of birthright citizenship via executive action fails, I’d happily trade these. The second amendment was written during the time of ball and powder firearms. But i want to see how this plays out in court. The only other cout case dealt solely with legal immigrants who have kids here. Let’s challenge it and see what the courts say about undocumented migrants who have kids here. |
The law should be like the UK at least one parent is a citizen and in the case that isn't, they must be of legal status. |
The other parent who isn't a citizen must be of legal immigration status |
These two cases should be treated differently: 1) A kid is born in the US with at least one legal permanent resident parent 2) A kid is born in the US without at least one legal permanent resident parent |
Yet all that time Native Americans born on US soil were still not citizens and that only changed with congress in 1924 decades later. |
The Burger court wasn't the only activist court that made poor decisions. |
No citizenship for either unless at least one parent is a US citizen and the other parent is of legal immigration status |
They were citizens of their own nations. Learn some history. |
And while we're fantasizing, I'd like a pony. |