Birthright Citizenship
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Last night, in the GOP food fight, Ramaswamy made an interesting point.
He wants to end birthright citizenship, claiming that the amendment allowing it has to do with slaves born in the US and nothing to do with someone who happens to be born in the US.
Those who suggest that we should look at the "intent" of the Constitution and not the actual words would probably disagree. One thing I think everyone can agree upon is that it's a difficult question.
But, he made an interesting point. Children born of diplomats, while in the US, are not US citizens, are they? If Sasha's wife leaves the Russian embassy in DC to give birth, does that mean that little Pyotr is a US citizen?
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It reminds me of Dems saying they’ll get rid of the electoral college.
And it’s of a piece with his other recent gimmick “fire 75% of federal workers”.
Enough with the fantasizing, Vivek, how about you tell us what you plan to do given the actual constraints of the office.
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Returning to my question: Are diplomats' children US Citizens? If not, how come?
"Now look here, you Baltic gas passer... " - Mik, 6/14/08
The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.
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Diplomats accredited to the United States and having full diplomatic immunity are listed on the Department of State’s Diplomatic List (Blue List).[7] If either parent was listed on the Blue List when the applicant was born, the applicant is eligible to apply for this benefit. Both parents do not have to be listed for the applicant to be eligible.[8]
Not all diplomats or employees of certain designated international organizations admitted to the United States as an A or G nonimmigrant have full diplomatic immunity and appear on the Blue List. For example, the immunities that apply to a foreign consular officer are not the same as those that apply to diplomats. In order to determine eligibility to register for permanent residence based on being born in the United States in diplomatic status, the applicant must submit official confirmation of the diplomatic classification and occupational title of his or her parent at the time of birth.
USCIS confirms with the Department of State whether the applicant’s parent(s) was on the Blue List at the time of the child’s birth. If an applicant did not have a parent on the Blue List at the time of his or her birth in the United States, then the applicant is a U.S. citizen because the applicant did not have full diplomatic immunity and was therefore subject to U.S. jurisdiction at the time of birth.link text
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@Mik said in Birthright Citizenship:
What’s established precedent for children born here of illegal parents?
These children are United States citizens.
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.
There is no "exception" for whether the parents are illegal immigrants, only that the children are born or naturalized in the U.S. and subject to the jurisdiction there of.
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@George-K said in Birthright Citizenship:
Returning to my question: Are diplomats' children US Citizens? If not, how come?
They’re not “subject to the jurisdiction thereof”.
A buddy of mine was the son of the Italian consul in San Francisco years ago. I have stories,,,, imagine the most entitled 20 year old you ever met having diplomatic plates.
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@George-K said in Birthright Citizenship:
Returning to my question: Are diplomats' children US Citizens? If not, how come?
They’re not “subject to the jurisdiction thereof”.
A buddy of mine was the son of the Italian consul in San Francisco years ago. I have stories,,,, imagine the most entitled 20 year old you ever met having diplomatic plates.
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@Mik said in Birthright Citizenship:
I know what the text is. How have courts ruled on it? That’s what precedent is.
See if “United States v. Wong Kim Ark” floats your boat.
https://tile.loc.gov/storage-services/service/ll/usrep/usrep169/usrep169649/usrep169649.pdf -
@Mik said in Birthright Citizenship:
I know what the text is. How have courts ruled on it? That’s what precedent is.
See if “United States v. Wong Kim Ark” floats your boat.
https://tile.loc.gov/storage-services/service/ll/usrep/usrep169/usrep169649/usrep169649.pdf@Axtremus said in Birthright Citizenship:
See if “United States v. Wong Kim Ark” floats your boat.
https://tile.loc.gov/storage-services/service/ll/usrep/usrep169/usrep169649/usrep169649.pdfNot gonna read 80+ pages from 120 years ago.
Care to summarize?
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I think that the US should get rid of it, but like jolly said, it will probably require some difficulty.
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“The United States is among the only countries in the world that says even if neither parent is a citizen or even lawfully in the country, their future children are automatic citizens the moment the parents trespass onto our soil,” Trump said
and
Under Trump’s proposal, at least one parent would need to be a citizen or legal resident for a child to receive birthright citizenship.
and
Despite Trump’s pledge, the plan to end birthright citizenship is not specifically mentioned in the 2024 Republican platform document, which includes a chapter titled “Seal the Border and Stop the Migrant Invasion.”
The platform does include language pledging to “prioritize merit-based immigration” and end chain migration, a term used to refer to people who have U.S. citizenship and then use their status to help other family members enter the country.
