Do you think that this makes me an illegal alien (see details below)?

Question

To anyone who believes that a child born in the U.S. to an illegal alien is also illegal and/or should not automatically be a citizen.

My great-grandfather entered the U.S. using a false name to defraud the immigration authorities, whom he believed would not allow him to enter if they knew who he really was. Assume that this deception was illegal and made him an illegal alien. (This happened approximately 100 years ago and I am not sure what the laws were then.)

Which of the following are true:
a) Because he entered illegally, his son, my grandfather should also be considered illegal and/or not a citizen.
b) Therefore, that son's son, my father should also be considered illegal and/or not a citizen.
c) Therefore, that grandson's son, me, should also be considered illegal and/or not a citizen.

How far does this go? If someone's ancestor, prior to 1776, illegally entered the colonies, would they be illegal or non-citizen today?

I already knew that the legally correct answer is what r1b1c... wrote, but that is not my question. I know the law. I am interested in the opinions of those who disagree with the law and want to see who far they wish to change it.

Busted: My great-grandparents entered the U.S. from several different countries. To which should I return?

45 cal: My great-grandfather was naturalized (made a citizen) under a false name (fraudulently). My grandfather, my father, and I were born in New York City and issued birth certificates, social security numbers, and passports based on being citizens solely by virtue of place of birth. No one in that lineage was naturalized legimately.

David and everyone who suggested deporting or suing my great-grandfather: He died approximately 50 years ago. I do not think that you can initiate legal proceedings against someone who has been dead this long.

Answer 1

Consider this....art which was stolen by the Nazi's during World War II is being returned to the original families. The current owners didn't steal the art. They may have even bought it from someone else. They may have inherited it from grandparents. Yet the art is confiscated and returned to the original owner's descendants.

Life ISN'T fair...and sometimes the choices our parents make negatively impact us. That's reality.

I would say that ideally, each of these SHOULD be considered illegal (taking all your suppositions as facts, even though they are not correct as immigration laws WERE different back then.) That would not preclude ANY of these illegal descendants of illegal aliens from applying for legal status. In fact, as they DID NOT illegally enter the country of their own will, the fact that they are illegally here would not be held against them...as long as they immediately applied for citizenship at their majority EVEN if it exposed their illegal relatives.

HOWEVER, I think arguing suppositions and the like is about things that occurred generations ago is pointless and irrelevant...a red herring, if you will. Currently, we DO have birthright citizenship, so none of your arguments apply.

Answer 2

So he broke the law and wasn't caught at the time. I've given this some thought too.

Let's look at now. If the 14th amendment is interpreted as it was intended, I see a couple of scenarios:

1) Make the change immediate. That is, all babies born from this day forward will have the citizenship of their parents.

2) Make it retroactive, say to the amnesty of 1986. If your parents were legal before or because of that, then you are. If you were born after that, you have the citizenship of your parents.

3) A hybrid: If you were born after 1986 (just to use that amnesty as a cutoff), you have the citizenship of your parents today. So, if you were born in 1990 to aliens, but they became citizens in 1991, you are a citizen.

And maybe a buffer zone - if you were born between 1986 and today and "had" citizenship but lost it because your parents are illegal, you can be placed on a fast-track to become a naturalized citizen.

Obviously, these all have flaws, but there would need to be some sort of transition plan.

Answer 3

As far as the technical issues are concerned, yes, you are illegal. It's a shame the the kids have to pay for the dishonesty of their parents, etc., but it gets more technical then that. If the child is given his citizenship then he can apply for citizenship for his parents who are illegal, non-tax paying people. I don't think that it is right (it's called the "Dream Act"). It hasn't passed yet but the Democratic Senators are trying to pass it. As far as I'm concerned, illegals are just that, ILLEGAL. I'm not sure what can be done for the children, but the parents should not be rewarded for their deceiving the USA and not paying taxes. My answer would be this. Make them pay "X" amount of money each month towards his estimated "back-taxes", much like child support. If he defaults on the payments, deport him. If he is found to have used someone else's SSN, either deport him or give him prison time. To steal someones identity is immoral and lame. But don't just give an illegal a free pass, after he broke the law in our country. Things like "no drivers license, etc., is both wrong and uncaring on their part. If they get in a wreck, and they are at fault and the other party is injured, what are our rights? Can we suit him? Unlikely. Nothing to suit. We get screwed. Hey, come into this country legally and God bless you. Come in here illegally and I have no sympathy for you. I just don't want to see the children suffer for it.

Answer 4

This is an easy one, great-granddad is illegal, if his son (granddad) was born here he's legal. So as long as great granddad is dead, there's nobody to send back. That would have been the law then as it is now.

So no as long as you were born here you're legal.

edit

Busted: My great-grandparents entered the U.S. from several different countries. To which should I return?

Like I said if you were born here you are legal, so you don't have to go anywhere. It doesn't matter what the status of the parents, grand parents, great grand parents, as long as you are born in the US you are a citizen.

That is something a lot of people would like to change BTW.

Answer 5

Yes, this does make you an illegal alien. But, this is not your fault. This is your great-grandfather's fault. It is not necessarily a bad thing though, there are lots of illegal aliens in the U.S. Your great-grandfather isn't a bad guy (criminal), he just wanted a better life in America. I studied immigration last year. It was wrong for him to come to America illegally but he probably was scared that he wouldn't pass the inspection.

Answer 6

In the eyes of our laws, yes it's true. However since there was no welfare fraud and he must have carried his own weight and apparently reared children to obey our laws, I think 100 years ago is 100 years ago. How do you fell about the illegal aliens of today?

Answer 7

Children should not be held accountable for their parents crimes. Even the Bible says so (Jeremiah 31:29-30). So even though your great-grandfather was illegal, all others who were born here and did not violate immigration laws are not.

Answer 8

This is revisionist and contrived.

today illegal aliensare swarming all over our country. They were born elsewhere and entered illegally in our lifetime and that is what is at issue.

You can pretend otherwise until you are blue in the face but 82% (a Super Majority) agree with me.

Answer 9

Interesting that the first responder got so many thumbs down when he answered correctly.
Ironic, that in this land where almost everyone is a descendent of immigrants (legal or illegal), we have the audacity to be so intolerable of those who are trying to make a better life for themselves now.

To answer your question-no, it doesn't.

Answer 10

Some where along the way did 1 of them become legal and get the proper IDs needed to be there>And do you have proper ID SS# in your birth name>???That is what makes you legal>