If a Mexican woman resides in the US illegally, and has a child in our hospital, Mexico recognizes her child as a Mexican citizen. All we need to do id annotate on the birth certificate that the mother is a Mexican national, that should be the childās citizenship.
We should not reward someone who violates our laws by granting her child US citizenship. I donāt think any legislators, in the 18th or 19th century wanted to reward people who were in our country illegally. I certainly donāt see this granted anywhere in any US law.
Even the parents of the famous Wong Kim Ark were legal, permanent US residents, not illegal aliens, and not tourists visiting with an anchor baby vacation package.
Once RBG leaves the SCOTUS and Trump appoints her replacement, we will settle this.
The USA never intended for illegals immigrants to pop out kids before immigration authorities could catch and deport them, and we make them into instant US citizens. Same for having laws which allow for the anchor baby vacation packages.
She better leave in the next year then. Precedent has been set that presidents donāt appoint Supreme Court justices in their last year before an election.
And just what did the Supreme Court settle? Let Justice Gray give you the answer with regard to the meaning of āand subject to the jurisdiction thereofā.
Justice Gray wrote in ELK v. WILKINS, (1884)
The main object of the opening sentence of the fourteenth amendment was to settle the question, upon which there had been a difference of opinion throughout the country and in this court, as to the citizenship of free negroes, (Scott v. Sandford, 19 How. 393;) and to put it beyond doubt that all persons, white or black, and whether formerly slaves or not, born or naturalized in the United States, and owing no allegiance to any alien power, should be citizens of the United States and of the state in which they reside. Slaughter-House Cases, 16 Wall. 36, 73; Strauder v. West Virginia, 100 U.S. 303 , 306.
This section contemplates two sources of citizenship, and two sources only: birth and naturalization. The persons declared [112 U.S. 94, 102] to be citizens are āall persons born or naturalized in the United States, and subject to the jurisdiction thereof.ā 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.
And subject to the jurisdiction thereof is the qualifier. The meaning of this qualifier was settled in Elk v Wilkins, in 1884, in which Justice Gray elaborated:
The main object of the opening sentence of the fourteenth amendment was to settle the question, upon which there had been a difference of opinion throughout the country and in this court, as to the citizenship of free negroes, (Scott v. Sandford, 19 How. 393;) and to put it beyond doubt that all persons, white or black, and whether formerly slaves or not, born or naturalized in the United States, and owing no allegiance to any alien power, should be citizens of the United States and of the state in which they reside. Slaughter-House Cases, 16 Wall. 36, 73; Strauder v. West Virginia, 100 U.S. 303 , 306.
This section contemplates two sources of citizenship, and two sources only: birth and naturalization. The persons declared [112 U.S. 94, 102] to be citizens are āall persons born or naturalized in the United States, and subject to the jurisdiction thereof.ā 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.
You cannot cite the law that ever sought to grant citizenship to the children born to illegal aliens,who are in violation of our immigration laws, because no such law exists. The current anchor baby loophole is just a bastardization of the law.
Okay, maybe my post earlier was too hardā¦ Letās try this very common scenarioā¦ I am filling out my I-9 for a new jobā¦ The most common documents provided are a drivers license and birth certificateā¦ The drivers license is to identify the person (it has a picture) and the birth certificate is used to establish what?