But where is the Reform?

But where is the Reform?

“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.”
— U.S. Const. amendment XIV, § 1

no_compromiseEvery year, 300,000 to 400,000 children are born to illegal immigrants in the United States. Despite the foreign citizenship and illegal status of the parent, the executive branch of the U.S. government automatically recognizes these children as U.S. citizens upon birth. The same is true of children born to tourists and other aliens who are present in the United States in a legal but temporary status. Since large-scale tourism and mass illegal immigration are relatively recent phenomena, it is unclear for how long the U.S. government has followed this practice of automatic “birthright citizenship” without regard to the duration or legality of the mother’s presence.

Eminent legal scholars and jurists, including Professor Peter Schuck of Yale Law School and U.S. Court of Appeals Judge Richard Posner, have questioned whether the 14th Amendment should be read to mandate such a permissive citizenship policy. Nevertheless, the practice has become the de facto law of the land without any input from Congress or the American public.

This is where we see a huge disparity between the not-so-able-minded-congressional officials and the majority of the American population. Work with me here folks…what kind of sense does it make to proclaim U.S. citizenship onto people who are not within the jurisdiction of the United States? Furthermore, for those who don’t want it or anything to do with it?

Advocates of maintaining this citizenship policy argue that the plain language of the Citizenship Clause of the 14th Amendment protects automatic birthright citizenship for all children born to illegal and temporary aliens. However, several legalanchor-baby scholars and political scientists who have delved into the history of the 14th Amendment have concluded that “subject to the jurisdiction thereof” means precisely what it states.

The overwhelming majority of the world’s countries do not offer automatic citizenship to everyone born within their borders. Over the past few decades, many countries that once did so — including Australia, Ireland, India, New Zealand, the United Kingdom, Malta, and the Dominican Republic — have repealed those policies. Other countries are considering changes.

It doesn’t take much rocket science or even the engineering sector within the U.S.A. to fully understand that there is no apparent reason to grant citizenship – and that in and of itself – would be construed as dual citizenship (especially for the temporary tourists and visitors).

Having stated that then why else would someone even care to do it? Understanding the 14th Amendment is paramount to any desirable debate behind it. You see, unlike today’s Congressional Members who seem to want to fix procedural idiocies by literally giving part of one or one’s nation to the undeserving law breaking illegal’s. Sure they are “undocumented” immigrants simply because one needs correct identification to attain the documents.

Now if crossing the border from Mexico, El Salvador, Nicaragua, Guatemala, Panama, or any of the Caribbean islands or for that matter any of the other countries on Earth is beyond reasonable doubt an infraction of the rule of law in the USA; just think of the amount of crime that is committed in the document fraud business!

As for me and quite openly admitted – I truly believe that what the Gang of Eight are doing regarding immigration reform is egregious. For the first part, what precisely is being reformed?

 

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About Jon-Paul

Academia, Constitution, Musicianship, all around Caucasian male, straight, and professes Jesus Christ as the Lord of my life. Guitars -- Classical, Acoustic, A/E, Strat, a real bassist at heart, Les Paul Standard bass.
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