If an illegal immigrant has a child in USA,is child automatically a citizen?
Answer:
The 14th amendment clearly states that citizenship is limited to "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."
Those who wrote the 14th put out their own papers to explain in depth its' meaning, just like the federalist papers. You can find their explanation in law libraries. It definitely did not mean that anyone who wandered into the US and gave birth could bestow on that baby automatic citizenship.
However that amendment was perverted a few years ago to mean anyone would qualify. Thus the name "anchor" baby and why so many aliens will come here to give birth.
Throughout most of the rest of the world the new baby is assumed to have the same citizenship as its mother. This has been true for many decades.
The 14th also made it clear that nobody could hold dual citizenship. You either had loyalty to the US OR another nation, NOT both. That too has been perverted and that is why Chertof holds citizenship in Israel and the US, and Gonzales holds citizenship in Mexico and the US. It is like being married to 2 or more people. You cannot have total loyalty to more than 1 person.
This way of thinking will destroy our country and our culture.
its still true
Oh, it's still true. Sad but true.
nope, i'm almost positive it is true. it is what they call "anchor babies". an illegal comes here and has a child. at that point, if they are caught, it is difficult to deport the parent because the child is an american. you can't deport them both because the child is an american too.
yes! I'm illegal and my 7 kids are american citizens
It is true, yes.
It's generally true, but it's usually misunderstood. The 14th Amendment doesn't say that just anyone born here is a citizen. It begins: "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 key phrase here is "subject to the jurisdiction thereof." In my opinion, any child born to illegals is not really subject to the jurisdiction of this country, so their citizenship should not be automatically granted.
To the poster who can't read: I'm not saying the babies are "guilty" of anything. I'm saying that being the child of illegals, they are not subject to the jurisdiction of the USA, so they should not automatically receive citizenship.
JMB
Yes, they are legal citizens.
It is my understanding that birth on our soil is not the criteria for citizenship. If you are born of illegals, I think you're an illegal, too. I read something about this regarding our forefathers statements that birth was not enough to make you a legal citizen. I'm sorry that I can't quote it, but it was pretty clear.
It is true
YES . there was a time that was NOT true ... but unfortunately the Supreme Court ruled that way . their decision spun on the word jurisdiction . if you go into the Congressional Record from the 1700s you will read the words from the floor of the Congress that, that was not intended.
Now it will take a Constitutional Amendment to fix what should never have been broken.
Yes very sad, but still true. This law needs to be changed.
Yes, it's still true. Citizenship hasn't been amended by the US Constitution yet. What has been changed is that illegal parents of US citizens (even citizens under the age of 18) no longer are allowed to stay in the US, which means the US government is depriving lawful US citizens who are children the ability to be raised by their parents. This is SICKENING.
One of the great things about the United States is its very universal definition of citizenship. We don't have the law of blood; we have the law of birth. That's just an amazingly beautiful concept, isn't it? I hope that never changes.
To the poster challenging the 14th Amendment, you're misinterpreting it. A child cannot be guilty for the sins of his parents. This is called corruption of blood and is also unconstitutional. The parents are guilty of breaking the law, not the child, which is why being born in the United States is the determining factor of citizenship.
Unfortunately,The child would be called a Mexican-American.If the parents are deported,take child to Mexico with the parents.
Yes it's true. They are Anchor baby's just lookin' for a boat to attach it.
SAD,BUT TRUE !!
Yes, unfortunately it's still true.
Yes, Darlin'. Afraid so. But don't ask me, I just keep multiplying like rabbits, just like they do.
Dang! I AM a rabbit.
Sorry to say, it is true.
There is a bill in Congress to change that, but it is being held up in one of the subcommittees.
H.R. 698 of the 109th Congress.
go to http://thomas.loc.gov/ for more info.
It is true, and that means if the parents are illegal, they can be deported, but the kid has to stay here.
So if they really care for their kids, they would not come here illegally.
They call them anchor babies.Babies born to illegal alien mothers within U.S. borders are called anchor babies because under the 1965 immigration Act, they act as an anchor that pulls the illegal alien mother and eventually a host of other relatives into permanent U.S. residency. (Jackpot babies is another term).
The 14th Amendment was ratified in 1868 to protect the rights of native-born Black Americans, whose rights were being denied as recently-freed slaves. In 1866, Senator Jacob Howard clearly spelled out the intent of the 14th Amendment by writing:
"Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."
The original intent of the 14th Amendment was clearly not to facilitate illegal aliens defying U.S. law at taxpayer expense. Current estimates indicate there may be over 300,000 anchor babies born each year in the U.S., thus causing illegal alien mothers to add more to the U.S. population each year than immigration from all sources in an average year before 1965.
The correct interpretation of the 14th Amendment is that an illegal alien mother is subject to the jurisdiction of her native country, as is her baby.
Over a century ago, the Supreme Court correctly confirmed this restricted interpretation of citizenship in the so-called 'Slaughter-House cases' [83 US 36 (1873)] and in [112 US 94 (1884)]. In Elk v.Wilkins, the phrase 'subject to its jurisdiction' excluded from its operation 'children of ministers, consuls, and citizens of foreign states born within the United States.' In Elk, the American Indian claimant was considered not an American citizen because the law required him to be '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.'
Federal law
Current (as of 2006) United States Federal law defines ten categories of person who are United States citizens from birth.(8 U.S.C. ยง 1401} Among them are
"a person born in the United States, and subject to the jurisdiction thereof"
"a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe" (see Indian Citizenship Act of 1924).
"a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States"
It's true and the 14th Amendment answer's right.
But I just wanted to point out that, if a child's parents are deported, there is no law saying that the child has to remain in the U.S. Naturally, he or she has the right to go with their parents and the right to return here when ever they want. They're not being deported, they're just staying with their family. And as mentioned, they'll be welcome to return, go to school, work, etc whenever they wish. But, their parents will have to find a way to become legal if they want to do the same.
This is just common sense and there's nothing evil about it. The US is not forcing the children in either direction. In many cases, they will hold citizenship in their parent's country due to the fact that one or both of their parents is a citizen. Depends on the country. The children probably will have no legal trouble entering and staying in that country as long as they claim citizenship there. They do not lose US citizenship unless they renounce it as an adult. (Just a side note - the US does not recognize dual citizenship but many countries do, including the majority of those whose citizens tend to reside here illegally. The US considers you only a US citizen unless renounced).
Some people send their children to boarding schools, some don't. If I was born in England, and my parents were deported, they would take me with them. And I'd be just fine, even if I was going to a poor country, one with out any political turmoil or any other reason to be afraid other than lack of $$.
That is life.
Some people have all the luck, others get all the pain. (Rod Stewart reference...sorry) You can come back, or not leave, and stay with grandma or family friends and go to school in this country. Or, you can stay with your family and go to school in their country. And while a visa is usually needed to go to school in another country, a dual citizen can go to school in either country without a visa. Many people who are dual citizens from many countries do this without deportation being involved. The only reason it comes up as an excuse is when either deportation, or $$, or both are an issue. So if you think about it, the child isn't really being deprived of anything. And if he goes with mom and dad, later, he can come back and get a job, vote, and do everything else a citizen can do. He can even run for President. And if his opportunities are less because of having grown up in a poor country...ask any kid born in a poor inner city slum in New York City, or in a shack in the Ozarks, what he thinks about that.
That's life...
So for me personally, having a US born child is not, by itself, a good excuse to avoid deportation. But it is frequently used for that purpose.
Emotional issues are sometimes just smoke and mirrors when the true issue is $$. And like I said before...
...that's life.
It is still true. Any child born on American soil is automatically an American Citizen.
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