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Without proof that their parents are legal citizens? What other countries allow this?

2007-05-16 15:19:57 · 18 answers · asked by Tit for Tat 6 in Politics & Government Immigration

18 answers

14th Amendment to the US Constitution only requires that a person is born here. It doesn't matter who your parents are. That is one of the things that is under debate by some - whether or not it should be changed to prohibit people from intentionally having kids here - known as "anchor babies".

2007-05-16 15:27:29 · answer #1 · answered by steddy voter 6 · 0 2

It isn't the law.
It is only interpreted that way by people who benefit from this misinterpretation.

They use the 14th amendment to support the illegal invasion. Read the constitution and see how many people were excluded from being U.S. Citizens although they were born in the U.S.

The 14th amendment was passed by Congress June 13, 1866, and ratified July 9, 1868 to give rights to former slaves, actually only to former MALE slaves. Women, regardless of color, were still considered property of fathers’, then of their husbands’.

Chinese American were denied U.S. Citizenship until 1943, even though a Chinese American sued the U.S. in 1898. Read about UNITED STATES v. WONG KIM ARK. Also, research the Chinese Exclusion act and the Immigration quota. The amnesty act of 1986 provided illegals an opportunity to become U.S. Citizens while at the same time deliberately preventing children born to American soldiers from claiming their rightful U.S. Citizenship.

In the 1940s Japanese American were deported to Japan even though they were born in the U.S.
The U.S. has the right to decide who is and who isn’t a U.S. Citizen and over the years they have selectively decided which group to include and which group to exclude.

If you research the U.S. constitution you will see that only rich white men have rights and they were considered the only citizens of the U.S.

2007-05-16 17:26:00 · answer #2 · answered by lostinchicago 3 · 0 0

People born in the USA are automatic citizens because of Article 14, section 1 of the United States Constitution, which was enacted after the civil war. It reads:

"Section 1. 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."

It would take a 2/3 of vote of the senate and house, followed by ratification by 3/4 of the states to change it - so you can forget about that happening.

In 1898, the United States Supreme court held that a person who was born in the U.S. whose parents were non citizen Chinese - was a citizen of the U.S from birth. This was true even though his parents were prohibited from becoming citizens themselves because of the Chinese Exclusion acts.

According to a later Supreme Court decision, the term "and subject to the jurisdiction thereof" in the 14th amendment, would not include children born of foreign diplomats or children born of the citizens of an occupying foreign power. Everybody else born within in the United States is included. There is nothing strange about this reasoning. Foreign diplomats are immune from most U.S. laws - They do not submit themselves to the jurisdiction of U.S. courts. - And if the U.S. were ever occupied by a foreign army, the army would be under the control of the country that it came from.

Not all countries make everyone born within their borders automatic citizens. The U.K. for example does not.

2007-05-16 15:49:20 · answer #3 · answered by Franklin 5 · 1 0

it's in the constitution. The natural born citizen clause is a subject of debate. No law or court ruling has ever established the precise definition of a natural born citizen. It is generally agreed that a natural born citizen of the United States is any person born in one of the 50 states or the District of Columbia. But most political scientists do not agree if this definition should also include persons born in United States overseas territories or persons born to United States citizens living abroad.

2007-05-16 15:25:56 · answer #4 · answered by <⌘۞⌘> 2 · 1 0

An amendment to the constitution to make all those born in the U.S. citizens was made so that those who were previously slaves after the civil war could not be deported and would be protected by federal law.
I think it is time to amend that amendment since there is no way to deport former slaves today.
We could change it so that a child of U.S. citizens is a citizen but if the parents are not citizens them they have to get citizenship form their former country.

2007-05-17 12:47:21 · answer #5 · answered by Anonymous · 0 0

The bill of Rights would not ought to be replaced. the purpose of the regulation, for my section is being particularly distorted. that is been an argument for some years. Article XIV says "All persons born or naturalized in the U. S., and concern to the jurisdiction thereof, are voters of the U. S. and of the State wherein they stay." The words "and concern to the jurisdiction thereof" have been, at that ingredient meant to guard former slaves. It wasn't meant to incorporate those sneaking into the country, having a toddler, and the toddler then directly transforming into a citizen. The family members itself nevertheless has ties to a different united states of america!

2016-11-23 19:21:35 · answer #6 · answered by ? 4 · 0 0

It was a Supreme Court decision a while back. It interpreted the 14th Amendment as such. Here is the relevant text.

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.

This is what happens when you do not have originalist judges.

2007-05-16 15:24:21 · answer #7 · answered by Chainsaw 6 · 3 2

We are unique. It was put into law back when immigration was done legally for protection of the baby although I do not recall exactly why. It has never been changed. Now we are so PC that it cannot be changed even though the majority of Americans would vote for it to be done away with if they could. Overdue to be scuttled.

2007-05-16 18:12:35 · answer #8 · answered by ALWAYS GOTTA KNOW 5 · 0 0

The 14th amendment: all persons born or naturalized in the United States...are citizens of the United States.

Interpreted by the Supreme Court US v Wong Kim Ark to mean the U.S. adheres to the doctrin of citizenship based on jus soli (right of soil) rather than jus sanguinis (right of blood)

2007-05-16 15:33:38 · answer #9 · answered by sb 3 · 1 1

Read the Constitution.

2007-05-16 19:56:15 · answer #10 · answered by sister_godzilla 6 · 0 0

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