Toro
Diamond Member
- Sep 29, 2005
- 109,826
- 50,585
Not 100% certain it is the case that birthright citizenship applies to those who entered illegally. The closest thing I’ve seen is the Wong Kim Ark case. In that case, Arks parents were here LEGALLY, but still not naturalized citizens. This case went all the way up to the Supreme Court, with a 6-2 split decision, and this was a debate involving parents who were permitted entry, went back to China, tried to come back and were denied.Let me start off by saying I oppose Birthright Citizenship unless one parent is a US citizen but I am more opposed to Presidents acting like kings who think they can rule by an iron fist.
For YEARS we all railed against Obama's use of the executive pen and rightly so. Do not fall prey to that which you oppose simply because of a letter behind a mans name.
Today I heard Trump on the radio referring to Obama's Dream Act as the excuse for his threat to use the same method to alter the 14th amendment. An act that he Hope's the supreme court will overrule. Yet he wants you to cheer and clap at his own duplicity.
If you are a conservative ACT LIKE IT and stop looking the other way simply because you like Trump.
So the question is, does this same principle apply to parents who enter the country without that countries permission?
Many believe that subject to the jurisdiction thereof meant no other allegiance to another country. In the case of illegals, both they and the child do have an allegiance to their home country.
If an illegal couple has a kid here, moves back to China when the child is six months old and grows up there, that child is considered a Chinese citizen no matter where he was born. If war ever broke out between our countries, that child (now an adult) can infiltrate our country to do harm, and there is nothing we can do about it because the now adult has allegiance to the Chinese government.
Allegiance doesn’t matter to jurisdiction.
If the United States doesn’t have jurisdiction over an individual, then that individual can commit a crime in the US with immunity.
No reasonable person would seriously argue that simply because someone has allegiance to a foreign country, they could murder an American citizen and get away with it.
No, I never said that. Subject to the Jurisdiction Therein meant that they have no allegiance with another country period.
So in my scenario, let's say China wanted to sneak in a dirty bomb using this Chinese citizen of theirs who is (by our standards) an American citizen. Much easier to do being an American citizen than being a visitor of some kind. Or you can even use any country from the middle-east for that matter.
Allegiance has nothing to do with jurisdiction.
If any person of any citizenship commits a crime in the US, unless they have sovereign immunity, the US has the power to prosecute that person. That’s what jurisdiction means. Allegiance is irrelevant.