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Born in the US but denied citizenship?

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  • #1

    Born in the US but denied citizenship?

    Arizona is at it again with a controversial law. A child born on US soil to illegal immigrant parents will be denied citizenship.

    http://www.cnn.com/2010/US/06/15/ari...ex.html?hpt=C1

    The article doesn't make it clear if it only applies to babies who was born to two illegal parents or just one.

    If it's for when both parents are illegal - I support it. This is a loophole that I'm sure many illegals take advantage of knowing damn well the US will not deport them if their child is a US citizen, thus straining our resources.

    I hope it is not for babies who have one parent who is a legal citizen.

    I also hope it isn't aimed for aliens who are here legally but not citizens (green card, etc..) and are working for citizenship.
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  • #2
    I'm not very informed about the US legal system or the constitution, but it seems to me that the decision to grant citizenship would be the purview of the federal government.

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    • #3
      Originally posted by Boozy View Post
      I'm not very informed about the US legal system or the constitution, but it seems to me that the decision to grant citizenship would be the purview of the federal government.
      But the states hand out the birth certificates.

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      • #4
        Originally posted by Boozy View Post
        I'm not very informed about the US legal system or the constitution, but it seems to me that the decision to grant citizenship would be the purview of the federal government.
        It is. What Arizona is doing right now is unconstitutional as all hell. I'm not a typical, "Oh, for the children!" type person, but you'll kick out a baby because of its parentage? No.

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        • #5
          We are one of the few countries that allow citizen based of place of birth. IE if your parents are here legally or illegal if you are born here your a citizen. Personally I think that the child should take their citizenship from their parents.

          IE if one parent is a citizen then the child is a citizen, If the parent becomes a citizen then the children become citizens, if the parents are in the country illegally then citizenship is not granted. And I am not talking about just Mexico.. I am talking anyone.. hell someone from Canada could be visiting and go into early labor and their child is a citizen.

          However What Arizona is doing is wrong.. I can understand wanting to have identification.. but citizenship is granted by the federal powers not state powers.

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          • #6
            Personally I think that the child should take their citizenship from their parents.
            Perhaps.... but the only legitimate route for making that change is by amending the US Constitution, not by a state deciding not to issue birth certificates.

            If this passes, it will cause *more,* not fewer, children of illegal immigrants to be granted citizenship. Because by denying some people birth certificates, you're making it impossible for some citizens to prove their status. Which means that when (not if) the law is struck down, there's no way to determine exactly which of the children born in or near the time it was in effect should have had one.

            Which means either granting all children of about the right age a birth certificate, or a long and certain-to-be-inaccurate process of trying to determine which were born here without proper documentation and which were born elsewhere.
            "My in-laws are country people and at night you can hear their distinctive howl."

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            • #7
              If Obama weren't so busy with that oil spill, I'd advise him to do what Kennedy did and use the resources at his disposal to force AZ into compliance of federal law.

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              • #8
                Originally posted by HYHYBT View Post
                Perhaps.... but the only legitimate route for making that change is by amending the US Constitution, not by a state deciding not to issue birth certificates.
                Then it's time to get our "representatives" (and I use the term loosely) working on this.

                Yes, the law is unconstitutional:

                (from http://topics.law.cornell.edu/constitution/amendmentxiv - Amendment XIV, section 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.
                It even prevents the states from doing what Arizona did. Time to write our congressmen about this. Too bad to replace the first few words today would take roughly 15,000 pages, many years of partisianship and mudslinging to the "other side". Here's a simple solution:

                All persons born with at least one US citizen for a biological parent, 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.
                Since they cannot be changed, we'd have to create Article XXVIII (28) to repeal Article XIV Section 1 (like how Article XXI repeals XVIII (prohobition)) and then add this to the constitution.
                Last edited by draggar; 06-15-2010, 06:52 PM.

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                • #9
                  Maybe it's just me but I don't have an issue with this. It's just preventing illegal immigrants from abusing another loophole.
                  Violence has resolved more conflicts than anything else. The contrary opinion that violence doesn't solve anything is merely wishful thinking at its worst. - Starship Troopers

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                  • #10
                    Originally posted by Greenday View Post
                    Maybe it's just me but I don't have an issue with this. It's just preventing illegal immigrants from abusing another loophole.
                    By stopping US citizens (which the children are) from having birth certificates?
                    "My in-laws are country people and at night you can hear their distinctive howl."

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                    • #11
                      Originally posted by Greenday View Post
                      Maybe it's just me but I don't have an issue with this. It's just preventing illegal immigrants from abusing another loophole.
                      Problem is.. they are violating the law to do this, since the constitution trumps all. If it was done through an amendment then I would be all for it, but as it stands now.. it is an illegal move.

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                      • #12
                        The federal government sees no reason to deal with other states who blow off federal laws that I agree with (California). Why does it surprise anyone that other states are realizing they can do whatever the hell they want without punishment?
                        Violence has resolved more conflicts than anything else. The contrary opinion that violence doesn't solve anything is merely wishful thinking at its worst. - Starship Troopers

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                        • #13
                          Except unlike medical marijuana, they are denying people their birth right.. Trust me I detest "anchor children" But as it stands right now being born on US soil confers American citizenship. Go after the parents, if they are illegal fine boot their asses and find the children a home. *I am not really for this idea as our child services are overworked everywhere*

                          what next not recognizing passports or other states id's, or better yet a birth cert from another state?

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                          • #14
                            Citizenship just for being born in the US is one of the dumbest laws we have. It should be earned, not given freely for doing nothing.
                            Violence has resolved more conflicts than anything else. The contrary opinion that violence doesn't solve anything is merely wishful thinking at its worst. - Starship Troopers

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                            • #15
                              Well how should it be earned... I have no problem with children taking their citizenship from their parents which is how it should be. But I am really curious on how you think one should earn it.

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