President Trump to Take on Birth Tourism and Anchor Baby Crisis in America

[pipedreams]

"There are some 33,000 births in the US to foreign nationals each year.
Another 39,000 babies are born to foreign students, guest workers and other long-term temporary visa holders.
And, an additional 300,000 babies are born to illegal aliens each year in the United States.

And Democrats will no doubt fight him on this too. "

https://www.thegatewaypundit.com/2020/01/good-news-president-trump-to-take-on-birth-tourism-and-anchor-baby-crisis-in-america/

https://www.axios.com/trump-rule-state-department-deny-visas-birth-tourism-81ba35e2-9c4a-42c8-9d15-ff2810e323fd.html?utm_source=twitter&utm_medium=twsocialshare&utm_campaign=organic

[janice6]

Legal immigrants have demonstrated a solid belief in joining the American Society. 

Illegals have shown a solid belief in taking what they can without any commitment on their part. 

Legal immigrants are contributing to the greatness of America.

Illegals show a commitment to abusing America.

Which have value to this country!

[Dric902]

14th Amendment

already been interpreted and nationalized by SCOTUS. EO can’t change it

it would need a Constitutional amendment to modify it. 
House, Senate, President, 37 States

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Edited January 20, 2020 by Dric902

[holyjohnson]

Birth Right Citizenship has never been touched by the SCOTUS and it was enacted by Executive fiat, not enacted by law.

as much as ole Ted Kennedy wished he could, he could`nt get it into an actual chain Migration law in the Senate.

a good Summation is here.

https://www.heritage.org/immigration/commentary/birthright-citizenship-fundamental-misunderstanding-the-14th-amendment

 

summing up, Illegal Aliens have Zero Constitutional rights, the Right to a fair Trial is Our way of Justice it is extended to them.

a Passport does not make anyone a Naturalized Citizen anywhere..

i would like to know the actual plan before its made into a law, because there's a lot of ways this can go bad.

[Historian]

On 1/20/2020 at 4:16 PM, janice6 said:

Legal immigrants have demonstrated a solid belief in joining the American Society. 

Wow. Perfectly said.

[Dric902]

1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws

https://usconstitution.net/xconst_Am14.html

A Constitutional amendment is not Executive fiat. House, Senate, President, 37 or more States.

 

 

10 Supreme Court cases about the 14th Amendment

https://constitutioncenter.org/blog/10-huge-supreme-court-cases-about-the-14th-amendment/

 

The Wong Case:

In 1898, the Fourteenth Amendment’s definition of birthright citizenship met its first major challenge in the form of a Chinese-American cook named Wong Kim Ark. 

His case went all the way to the Supreme Court. Then something unexpected happened: Wong won. “The Fourteenth] Amendment, in clear words and in manifest intent, includes the children born, within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States,” wrote associate justice Horace Gray in the majority opinion.

Not only was Wong Kim Ark’s claim to citizenship legitimate, Gray wrote, but “To hold that the Fourteenth Amendment of the Constitution excludes from citizenship the children, born in the United States, of citizens or subjects of other countries would be to deny citizenship to thousands of persons of English, Scotch, Irish, German, or other European parentage who have always been considered and treated as citizens of the United States.”

The case became precedent and has since been used to defend the birthright citizenship rights of other Americans. In 1943, for example, it was cited (and contested) in Regan v. King, a federal case that challenged Japanese Americans’ right to maintain American citizenship during World War II. 

Since then, controversies over birthright citizenship have played out in the court of public opinion. But today, the precedent set by Wong Kim Ark—and the Fourteenth Amendment to the Constitution—still apply. Those born in the United States are considered citizens.

https://www.history.com/news/birthright-citizenship-history-united-states

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Edited January 24, 2020 by Dric902

[Dric902]

As far as an Executive Order. I give you Andrew McCarthy

The problem as I see it is twofold. First, the legal landscape is not limited to the 14th Amendment. Congress has enacted a statute, Section 1401 of the immigration and naturalization laws (Title 8, U.S. Code). In pertinent part, it appears merely to codify in statutory law what the 14th Amendment says: included among U.S. citizens is any “person born in the United States, and subject to the jurisdiction thereof.” But that means the issue is not just what jurisdiction was understood to mean in 1868 when the 14th Amendment was adopted, but what it meant in 1952, when the statute defining U.S. citizenship was enacted (it has been amended several times since then).

Secondly, even assuming the meaning was the same, Congress’s codification of the 14th Amendment — which it did not need to do — is a strong expression of Congress’s intent to exercise its constitutional authority to set the terms of citizenship.

the president may not unilaterally change an understanding of the law that has been in effect for decades under a duly enacted federal law. Presumably, if Congress did not believe conferring birthright citizenship was consistent with Section 1401, it would have amended the statute.

Moreover, it seems to me that, because Congress has weighed in on citizenship by codifying the 14th Amendment, the courts will swat down any executive order on the ground that it exceeds the president’s authority. That is, the courts will not even have to reach the merits of what jurisdiction means for purposes of the 14th Amendment and Section 1401.

https://www.nationalreview.com/corner/donald-trump-end-birthright-citizenship-by-executive-order/

 

there is a process to change it. It isn’t easy, it isn’t supposed to be, but it is certainly possible to change it.

But......the issue itself is more useful as a political tool to win elections by ‘firing up the base’

 

Until that changes, you will not see anybody actually trying.

 

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Edited January 24, 2020 by Dric902