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Originally Posted by PiKA2001
I think that's up to the SCOTUS to determine if it's unconstitutional. AFAIK the citizenship of offspring of non citizens born here has never been legally challenged. This "anchor baby" bill comes up every year but always dies out as soon as it's presented. People get so worked up and emotional over immigration laws.
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Yes, it would be up to the courts however it's been pretty much assumed to be unconstitional by everyone except those who claim that illegal immigrants are not "under the jurisdiction" of the United States.
Jus Soli has been part of the US since its founding. It was codified in the 14th amendment. "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 Supreme Court ruled in
The U.S V. Wong Kim Ark
That despite the anti-Chinese laws at the time, that citizenship was granted and could not be revoked just because his parents were Chinese immigrants. At that time they ruled that the only people excluded under the "subject to the jurisdiction thereof" clause were children born to foriegn diplomats and children born to enemy soldiers engaged in hostile action. In addition, at the time American Indians were excluded, although this changed later.
Plyer vs. Doe ruled that illegal immigrants were considered "in the jurisdiction."
As it is also in the constitution that no state shall revoke or refuse citizenship. Therefore, I have no problem saying that this is an unconstitutional law.
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You had said that you were against U.S. laws that promote undocumented migration into the U.S., I get that and agree with you. I just wanted to see how you felt about laws that are "anti" illegal immigrant. You seem to be against those as well. Personally, It's not going to change my life if they change it or not. Even though it doesn't affect my personal life, it affects me professionally as I work in the field. I think it would make my job a living hell if this went through nationwide.
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Your problem is classifying laws as pro or anti illegal immigration. I am against unconstitutional laws, laws based on prejudice and laws that just plain don't fix anything. Even if this law passed I don't believe it would actually deter illegal immigration, as plenty of people come over with their children as it is and those children are not automatically granted citizenship.
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I never called anyone a liar, I just said that the system shouldn't work like that. I even said that if what she said was true and free of exaggeration she should report the Consulate and the employees working there.
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No you implied she was lying. You said you didn't believe her. Not that it
shouldn't be like that but that it
couldn't be like that. If you are ignorant of the fact that such corruption exists, then it is your responsibility to educate yourself instead of asking for proof then denying that it could be true.
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Immigration reform is already a hot mess, and it's just going to get messier. I think if we are going to see another amnesty, it's going to come with a lot of nasty strings attached, like changes to Jus Soli.
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And I continue to believe that our unmodified Jus Soli is part of what makes the US what it is, how it has developed historically, and who we are today. I think changing it would be unfortunate.
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