Are Children Of Illegal Aliens Are Really Citizens?

Question

The 14th Amendment says nothing about children of illegal aliens. Looks like illegal aliens are using a loophole in the law to get welfare checks by the way of their kids, and to give an excuse to keep from being deported.

Some illegal aliens are getting social security checks by getting doctors to label their kids as learning disabled.

" persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States."

That is stretching the definition of jurisdiction.

Supreme Court:
"although in a geographical sense born in the United States, are no more 'born in the United States and subject to the jurisdiction thereof,' within the meaning of the first section of the fourteenth amendment, than the children of subjects of any foreign government born within the domain of that government, or the children born within the United States, of ambassadors or other public ministers of foreign nations. "
http://laws.lp.findlaw.com/getcase/us/112/94.html

Supreme Court says to qualify a child for citizenship, the parents must be 'completely subject' to the jurisdiction of the United States and must have “direct and immediate” allegiance to the United States.

Supreme Court: "The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance. And the words relate to the time of birth in the one case, as they do to the time of naturalization in the other. Persons not thus subject to the jurisdiction of the United States at the time of birth cannot become so afterwards, except by being naturalized, either individually, as by proceedings under the naturalization acts; or collectively, as by the force of a treaty by which foreign territory is acquired"
http://laws.lp.findlaw.com/getcase/us/112/94.html

Answer 1

You are absolutely correct. The 14th amendment was not intended to grant automatic citizenship.
During Reconstruction Senator Jacob Howard participated in debate over the first clause of the Fourteenth Amendment to the United States Constitution, arguing for including the phrase and SUBJECT TO THE JURISDICTION THEREOF specifically because he wanted to make clear that the simple ACCIDENT OF BIRTH in the United States was NOT sufficient to justify citizenship. Howard said:

[The 14th amendment] will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include very other class of person.
Despite his intention the amendment has since been interpreted to guarantee citizenship to every person born in the United States.

Now only an idiot could interpret the 14th amendment as granting "automatic" citizenship when the AUTHOR of the CITIZENSHIP clause stated very clearly that the mere accident of birth was not sufficient. In fact the Supreme Court has never made that determination.

Just one more example of how corrupt and perverted our government is.

Answer 2

The 14th amendment doesn't say anything about illegal immigrants. It doesn't need to. It says "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States." That seems pretty clear and straightforward to me. All persons born in the United States means exactly what it says. There's no loophole, if you were born in the US you are a citizen. By the way, having a minor child who is a citizen of the US does not stop you from being deported if you are in the country illegally. You have the choice of either taking the child with you or leaving the child in the US with someone else, but you as the parent cannot stay.

In reply to your comment - That exception is a very narrow one specifically designed and means that a child who is born to parents who are working as ambassadors, in embassies, or in the UN, who are therefore NOT subject to US law, is not a citizen. An illegal immigrant can be prosecuted for crimes that they commit and are therefore under the jurisdiction of the US. A diplomatic representative to the US, and their minor children (including a newborn) cannot be prosecuted for a crime that they commit without the consent of their government. In this way they are not under the jurisdiction of the US and therefore are not citizens.

Answer 3

when you have a few people doing that illegally. what the heck. when millions do it its an invasion and the militias should be formed to hunt them down and kick them out.the government wont do anything. so we should.but will the people will baaa baa baaa like the sheeple we are .but we wont do anything.I don't know what to do. if I did. I would need a leader. are you going to be my leader. who will finance this?who is going to hunt them down.there like locusts. theres an invasion going on.I am to old to go out and kill people or hunt people down.the government wont do anything. and I cant. so what to do?we talk and talk and complain. which doesnt do any good.and yes there citizens if there born here.period.

Answer 4

Get this right not because you are stupid that means that all are right? and not because you DON"T WANT other people besides you and those like you, to live whatever and however they may please, does not mean everything has to go the way you think is intended like. For exemple you want to make other people believe that all the people that works in the interpratation of the law is wrong and you are right, perhaps is all the contrary you are just looking for loopholes to make those people undesired by you not to get away with things you wish you had the wit for or the guts for that matter to do it yourself... and maybe you and those like you are envious and jealous about it and disguised yourselves in a patriotic masquarede.

Answer 5

They are called "anchor babies", personally I think the government should take the kids into protective custody and deport the illegal parents.

Answer 6

it was never meant to allow for illegal immigrants to use...

there is the letter of the law and the spirit of the law, we all
know that its wrong and an attempt to circumvent what
was orignnally intended...

BUT

since most people dont even know the law or how to
read or comprehend it, it wont matter....

Answer 7

Congress is looking into this right now, the 14th amendment was created to make the descendants of black slaves American citizens (and rightfully so), the illegals use it and have their anchor babies so they can slip in the back door and get a free ride in.

Answer 8

If they were born on US land, yes.

Answer 9

Yep! Its very sad.Should of never been allowed to happen!

Answer 10

Legal or illegal (parents) does not matter. Any child born in this country is a citizen.