Trump To End Birthright Citizenship

[seer]

Or at least try. I don't think any European country allows this.

Trump eyeing executive order to end birthright citizenship, a move most legal experts say runs afoul of the Constitution

https://www.washingtonpost.com/polit...=.a8ddc1198828

Only 30 of the world’s 194 countries grant automatic citizenship to children born to illegal aliens.

Of advanced economies, Canada and the United States are the only countries that grant automatic citizenship to children born to illegal aliens.

No European country grants automatic citizenship to children of illegal aliens.

The global trend is moving away from automatic birthright citizenship as many countries that once had such policies have ended them in recent decades.

14th Amendment history seems to indicate that the Citizenship Clause was never intended to benefit illegal aliens nor legal foreign visitors temporarily present in the United States.

The U.S. Supreme Court has held that the U.S.-born children of permanent resident aliens are covered by the Citizenship Clause, but the Court has never decided whether the same rule applies to the children of aliens whose presence in the United States is temporary or illegal.

Some eminent scholars and jurists have concluded that it is within the power of Congress to define the scope of the Citizenship Clause through legislation and that birthright citizenship for the children of temporary visitors and illegal aliens could likely be abolished by statute without amending the Constitution.

https://www.cis.org/Report/Birthrigh...-United-States

[Leonhard]

Or at least try. I don't think any European country allows this.

In Denmark it follows citizenship of the parents. If the parents are danish citizens, then their kid is a danish citizen.

The rules under Citizenship according to Danish Law says the following (translating into english for you guys).

§ 1
Stk. 1. A child acquires citizenship at birth, if the father, or mother or co-mother is danish.
Stk. 2. A lost child, found in this country, is considered, until further information is available, as having danish citizenship.

[seer]

In Denmark it follows citizenship of the parents. If the parents are danish citizens, then their kid is a danish citizen.

The rules under Citizenship according to Danish Law says the following (translating into english for you guys).

§ 1
Stk. 1. A child acquires citizenship at birth, if the father, or mother or co-mother is danish.
Stk. 2. A lost child, found in this country, is considered, until further information is available, as having danish citizenship.

So basically your policy is more rational...

[Roy]

Stk. 1. A child acquires citizenship at birth, if the father, or mother or co-mother is danish.
Stk. 2. A lost child, found in this country, is considered, until further information is available, as having danish citizenship.

I'm impressed by the inclusion of co-mothers.

[One Bad Pig]

Or at least try. I don't think any European country allows this.

I read elsewhere that Canada dropped it back in 2009.

[rogue06]

Or at least try. I don't think any European country allows this.

And it looks like Lindsey Graham, long known as "Lindsey Gramnesty," who'll be authoring the legislation. That's quite a turn around for him.

[rogue06]

I'm impressed by the inclusion of co-mothers.

Biologically speaking what is that? A surrogate?

[Roy]

Biologically speaking what is that? A surrogate?

I think it's the donor of an egg of which the nuclear DNA is replaced. I may be wrong.

[seer]

And it looks like Lindsey Graham, long known as "Lindsey Gramnesty," who'll be authoring the legislation. That's quite a turn around for him.

He has moved way to the right after McCain left/died.

[Sparko]

It would make sense to not extend birthright citizenship to tourists or illegal aliens. But it should remain for legal aliens and permanent/long term residents.

The constitution leaves that wiggle room in there: "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."

Basically tourists don't reside in the USA, they are visiting. The wording is a bit more troublesome for illegal aliens because they are residing in a state, illegally and they ARE under the legal jurisdiction of the state and USA because otherwise they could not be prosecuted.

[One Bad Pig]

It would make sense to not extend birthright citizenship to tourists or illegal aliens. But it should remain for legal aliens and permanent/long term residents.

The constitution leaves that wiggle room in there: "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."

Basically tourists don't reside in the USA, they are visiting. The wording is a bit more troublesome for illegal aliens because they are residing in a state, illegally and they ARE under the legal jurisdiction of the state and USA because otherwise they could not be prosecuted.

One might be able to argue that illegal aliens are not "subject to the jurisdiction thereof."

[Sparko]

One might be able to argue that illegal aliens are not "subject to the jurisdiction thereof."

They have to be or they couldn't be arrested. Anyone IN a legal jurisdiction is subject to the laws of that jurisdiction to a certain extent.

[seer]

They have to be or they couldn't be arrested. Anyone IN a legal jurisdiction is subject to the laws of that jurisdiction to a certain extent.

Since we have 5 originalists on the Court you can be sure that they will look at the intent of the writers. And I don't think there will be any hint of it applying to the children of illegals. There are certainly no past court cases that apply.

[Bill the Cat]

In Denmark it follows citizenship of the parents. If the parents are danish citizens, then their kid is a danish citizen.

The rules under Citizenship according to Danish Law says the following (translating into english for you guys).

§ 1
Stk. 1. A child acquires citizenship at birth, if the father, or mother or co-mother is danish.
Stk. 2. A lost child, found in this country, is considered, until further information is available, as having danish citizenship.

What's a co-mother?

[Mountain Man]

Source: President Trump Considering Immigration Executive Order Removing Birthright Citizenship (“Anchor Babies”)…

Until the 1960s, the 14th Amendment was never applied to undocumented immigrants, illegal aliens, or temporary (Visa) immigrants/visitors. The legal issues of birthright citizenship surrounding children born to non-legal parents inside the U.S. has never been decided by the Supreme Court.

https://theconservativetreehouse.com...anchor-babies/

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