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U.S. Birthright Citizenship explained:

What the law is... and how many people benefit from the archaic 1868 law.

President Donald Trump is trying to follow through on one of his campaign promises by ending birthright citizenship, a 150-year-old law enshrined in the Constitution that grants U.S. citizenship to anybody born on U.S. soil.

The law has been the target of anti-immigration groups for years, who claim it’s been abused by undocumented immigrants and companies that peddle “birth tourism.” But defenders say it’s been established in U.S. law, upheld by the Supreme Court.

Trump’s announcement that he will end the practice through an executive order just days before the midterm elections is sure to draw immediate legal challenges that could lead all the way to the Supreme Court. For now, here’s a look at some of the key aspects of birthright citizenship.

What is birthright citizenship?

The principle that anybody born on U.S. soil becomes a U.S. citizen.

It was added to the Constitution in 1868 in the first sentence of the 14th Amendment, which reads: "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."

The amendment was originally designed to grant citizenship to freed slaves following the Civil War, overriding the Dred Scott v. Sandford decision by the Supreme Court that had forbidden African-Americans from ever gaining citizenship and the Naturalization Act of 1790 that only conferred citizenship on free white persons "of good character."

In practice, it has become a bedrock of U.S. immigration law that has allowed anybody born in the U.S. to become citizens. Congress has passed laws extending birthright citizenship to people born in U.S. territories, including Puerto Rico, Guam, and the U.S. Virgin Islands.

How many people benefit?

Citizenship was granted to about 275,000 babies born to undocumented immigrant parents in 2014 alone, representing about 7 percent of all births in the country that year, according to an analysis conducted by the non-partisan Pew Research Center.

Those numbers represented a drop from the peak years of illegal immigration, topped in 2006 when about 370,000 children were born to undocumented immigrants, or 9 percent of the population, according to the Pew estimate.

The vast majority of those births, however, were not a result of pregnant women crossing the border. Data shows that the vast majority of undocumented immigrants who give birth in the U.S. — more than 90 percent — arrived in the country more than two years before giving birth.

Those numbers do not include pregnant mothers who obtain visas to travel to the U.S. shortly before giving birth. Russians routinely fly to South Florida, and there is an entire industry in China designed to coach pregnant women on how to deal with U.S. immigration authorities so they can enter the United States for the sole purpose of giving birth to American citizens.

An estimate from the Center for Immigration Studies, a group that opposes birthright citizenship and advocates for lower levels of legal and illegal immigration, puts the total number of babies born through birth tourism at about 36,000 a year.

How many countries grant it?

Trump claimed that the U.S. is the only nation in the world to grant birthright citizenship. But he ignored America’s neighbor to the north, and dozens of other countries, that also honor it.

The Center for Immigration Studies identified at least 30 nations that grant birthright citizenship. That list includes Canada, Mexico, Brazil, Argentina, and Chile.

John Skrentny, a sociologist at the University of California, San Diego, said in 2015 that birthright citizenship is a holdover from colonial times, when European countries granted lenient naturalization laws in order to conquest new lands. That's why the practice is almost exclusively used in the Western Hemisphere.


Good Riddance ... Your tax dollars should be spent on our national interests...not illegal immigrant children !!
 
I wish these people that claim persecution would rise up against their government and have a good old civil war like we did. Ours turned out pretty well. Not saying all that death was a good thing, but look at our country today. I wonder how close Iran is to civil war They hate their government more than they hate us.
.......hmm, the most horrible place on earth and yet everyone wants to come here.
Our CIA set up many of those governments. If they elected leaders, we would just topple them again.
 
With all due respect, my father was in INS for 30 years & taught immigration law. I participated in some of the operations involving mass exodus of immigrants so I learned quite a bit about the process and the people who seek asylum.
How do they prove they are in danger? That is where the vetting process kicks in. Highly trained agents interview them & examine whatever documents they brought. They know about the cultures and how to tell if people are lying. The vetting process is very thorough. If their story doesn't line up, they get marked for deportation. My father had someone who claimed to be under political persecution file. Upon interviewing him & his family & reviewing documents, it turned out he actually worked FOR the oppressive regime & was fleeing due to crimes he'd committed. He was deported.
Many of the people in the caravan are from native tribes with languages not spoken in places they are passing through so there may be a lack of communication. Even then, for many just turning back is not an option. They have hope for a better life (or at least a life at all). They are not likely to be treated well in some of the countries they pass through bc some of those governments have the same oppressive practices or just refuse to take them. They don't have the same immigration policies as the US.
Why don't they rise up? Why didn't the Jews and Romani rise up against the Nazis? They are outnumbered and outgunned. This is about survival for them. They would not be making such a long trek if it was not. Many of them will walk barefoot if they have to. There are groups giving them food & clothing this time, but that doesn't mean they are welcome to stay there or that they can safely stay.
They might not all line up to be processed, but in such large numbers they are easy to spot & they may very well believe that lining up is the right thing to do-- it's impossible to know without asking them. But, that is something that can be dealt with when they finally get here-- which won't be anytime soon.
Fox is not an accurate source of info-- they outright lie about things & put a major spin on things & they tend to be very bigoted toward anything but white male Christians. They stir up fear & hatred of minorities and immigrants.
Under current immigration laws, these people can't just go to US Embassies to file for asylum. They have to reach the border & they have been told this. Saying it is illegal for them to come to the border is a catch 22-- it would mean there was no legal way for them to file for asylum & thus it would never hold up in court.
It's all grandstanding and distraction anyway.
It was meant to get people worked in to a tizzy to ignore other issues.
 
The Guatemalans are the ones I feel sorry for. After we overthrew the government they elected, the dictator we put in power executed 100,000 Mayan people. Are we not a little responsible? Many Mayans are leaving there because they are still in danger of being killed. I know a couple Mayans who have green cards. Their families were slaughtered.
 
The Guatemalans are the ones I feel sorry for. After we overthrew the government they elected, the dictator we put in power executed 100,000 Mayan people. Are we not a little responsible? Many Mayans are leaving there because they are still in danger of being killed. I know a couple Mayans who have green cards. Their families were slaughtered.
Exactly! And their language is not spoken by many people on the way to their destination. There was a movie years ago about two Mayan teenagers from Guatemala who fled to the US and lied about their origins, filing for asylum as Mexicans. They were denied & IIRC, both were killed. It was based on a true story. I remember my father watching it, shaking his head, and telling me that if they had just told the truth they would have been granted asylum.
I believe some of the current refugees are from El Salvador and it's brutal down there-- especially for women. There are gangs who rape, torture, and mutilate women & the police don't do much about it. Women are not allowed to get abortion under any circumstances-- even if they will die without it. If a woman has a miscarriage, they can accuse her of causing it on purpose & throw her in jail (which they have done numerous times). Gender discrimination/oppression is a valid reason for asylum under some circumstances.
The vetting process is very thorough. Anyone who is rejected can be assigned an attorney & given a chance to appeal in court.
 
Let everyone in that want's to come and build more bridges and freeways where needed. Who cares anyway.

For what it's worth, I'm not against the vetting process or asylum. Sneakin' in and digging under fences isn't the way it's supposed to be done.
 
Exactly! And their language is not spoken by many people on the way to their destination. There was a movie years ago about two Mayan teenagers from Guatemala who fled to the US and lied about their origins, filing for asylum as Mexicans. They were denied & IIRC, both were killed. It was based on a true story. I remember my father watching it, shaking his head, and telling me that if they had just told the truth they would have been granted asylum.
I believe some of the current refugees are from El Salvador and it's brutal down there-- especially for women. There are gangs who rape, torture, and mutilate women & the police don't do much about it. Women are not allowed to get abortion under any circumstances-- even if they will die without it. If a woman has a miscarriage, they can accuse her of causing it on purpose & throw her in jail (which they have done numerous times). Gender discrimination/oppression is a valid reason for asylum under some circumstances.
The vetting process is very thorough. Anyone who is rejected can be assigned an attorney & given a chance to appeal in court.
Guatemalans and Mexicans hate each other, so Mexico is not safe for them either.
 
Speaking of Rodney King, after his settlement, he bought himself a big ol house in the city in which I currently live. He was such a hot mess, with constant partying, loud music, and drugs, that 3 of his 4 neighbors sold their houses just to get away from him.
 
The Trump/Berlin American wall! First they wall you in on the pretext of keeping out the enemy, bring in the military to police the border,
weapons and then rig the elections.
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

18 U.S. Code § 1385 - Use of Army and Air Force as posse comitatus ...

https://www.law.cornell.edu/uscode/text/18/1385

Trump Berlin American Wall.jpg
next take away your
 
Highup, I'm not defending or advocating the ones who dig under fences, sneak through tunnels, etc to get in. I want people to come in legally. However, if you are not against asylum, please understand that currently crossing the border and asking officials for asylum is the ONLY way for them to get asylum now. If crossing disqualifies them from applying for asylum then it becomes a catch22 and there is no way for them to get asylum. We don't know what approach this suppose caravan of immigrants plans to take when they arrive. They've gone too far to just stop or turn back. I say let them come and have Border Patrol waiting to greet them. Volunteers can go to help greet them and give out food & clothes.

Aside from my Native American great great grandmother, all of my family members were immigrants who came over on boats to Ellis Island.

Havasu, I remember my father telling me about how law enforcement were shown the full Rodney King video while the news only showed a small clip. I never saw the full one, but he told me that it showed that King was so high on PCP that he was stronger than a normal human being and was not cooperating. He kept repeatedly getting back up and fighting with them and that they finally snapped and started beating him. He still felt that the snapping & level of violence they used was wrong, but that there were some mitigating circumstances in the way he behaved. It's not like some of the videos where the cops start off being violent for no valid reason (which happens down here a LOT) but it became the "poster child" for police brutality. Didn't King die a few years ago?

Another famous case-- the Hurricane Carter one- about the boxer who was supposedly harassed and framed by the cops was one my father talked to me about. He didn't know whether or not the guy was railroaded, but he had met him & said he acted like a thug. Walked around waving a gun around and talking big about how he was going to shoot people. He had a little brother who was special needs and my grandmother was his teacher.
 
Speaking of Rodney King, after his settlement, he bought himself a big ol house in the city in which I currently live. He was such a hot mess, with constant partying, loud music, and drugs, that 3 of his 4 neighbors sold their houses just to get away from him.
Why didn't they just call the cops to give him a refresher course ..:D
 
I've been reading about the wildfires out in California. Hope you folks up there are doing ok. There was an article last year about how the budget cuts to forestry could lead to deadly forest fires. Of course, instead of being helpful, Trump had to go and blame California for it and make threats to cut federal funding. People are dying and he's too busy being a jerk to do anything constructive or even pretend to have empathy.
 
The Trump/Berlin American wall! First they wall you in on the pretext of keeping out the enemy, bring in the military to police the border,
weapons and then rig the elections.
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

18 U.S. Code § 1385 - Use of Army and Air Force as posse comitatus ...

https://www.law.cornell.edu/uscode/text/18/1385
View attachment 8225 next take away your



Posse? :rolleyes: oh pluleeze.
The military personnel are there in case we have "issues" that might overwhelm the people that are paid to defend out borders........... 10,000 people all at once? You think IF there are problems, that the current border patrol in that area are prepared to deal with a large problem? Maybe so if we take all the border patrol agents from other areas.............. thus leaving those areas totally unprotected.
That's stupid X 10. This is just a safeguard, a "just in case" How do you do a "just in case" after the fact?


Highup, I'm not defending or advocating the ones who dig under fences, sneak through tunnels, etc to get in. I want people to come in legally. However, if you are not against asylum, please understand that currently crossing the border and asking officials for asylum is the ONLY way for them to get asylum now. If crossing disqualifies them from applying for asylum then it becomes a catch22 and there is no way for them to get asylum. We don't know what approach this suppose caravan of immigrants plans to take when they arrive. They've gone too far to just stop or turn back. I say let them come and have Border Patrol waiting to greet them. Volunteers can go to help greet them and give out food & clothes.

Aside from my Native American great great grandmother, all of my family members were immigrants who came over on boats to Ellis Island.

Havasu, I remember my father telling me about how law enforcement were shown the full Rodney King video while the news only showed a small clip. I never saw the full one, but he told me that it showed that King was so high on PCP that he was stronger than a normal human being and was not cooperating. He kept repeatedly getting back up and fighting with them and that they finally snapped and started beating him. He still felt that the snapping & level of violence they used was wrong, but that there were some mitigating circumstances in the way he behaved. It's not like some of the videos where the cops start off being violent for no valid reason (which happens down here a LOT) but it became the "poster child" for police brutality. Didn't King die a few years ago?

Another famous case-- the Hurricane Carter one- about the boxer who was supposedly harassed and framed by the cops was one my father talked to me about. He didn't know whether or not the guy was railroaded, but he had met him & said he acted like a thug. Walked around waving a gun around and talking big about how he was going to shoot people. He had a little brother who was special needs and my grandmother was his teacher.
I'm confused zannej.............. people have to illegally cross into the United States to apply for asylum?

This entire issue is a non issue.
......People in a strange mass migration are coming to the US.
......we are adding additional security in case the system gets overwhelmed.
....asylum seekers will apply for asylum, so that's the problem?

So, what exactly is the problem? Problem is the Democrats playing the game and the media adding fuel to it. Leading up to the mid terms. None of this was by accident. The timing us a bit too obvious.
I don't hate immigrants nor asylum seekers. I do however like the border being protected.
Why all the hysteria over this? Trump hating snowflakes are responsible. ..........making an issue out of an issue that hasn't even happened.
 
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