By: Brian Evans

Today, immigration has become one of the hottest issues to voters during this midterm election, and likely into 2020, and beyond. Democrats are pushing for open borders, chain migration, the visa lottery, refugee relocation from the Middle East to America, and so forth. Meanwhile, President Trump is looking to end all of that, and streamline immigration for the good of not only our jobs, our security, and our well-being, but for that of our children, and future generations to come. As a result, President Trump said that he has had White House Constitutional Scholars analyze the Constitution, especially focusing on the 14th Amendment, and they came to a reasonable conclusion. Therefore, on Monday, he announced that he would end ‘birth-right’ citizenship to illegals and ‘birth tourists’ who come the United States, simply to have a child, have that child be granted automatic citizenship, and anchor their families in America…aka…’ANCHOR BABIES’!

According to the ‘Center for Immigration Studies’, nearly 300,000 ‘Anchor Babies’ are born to illegal aliens each year, which exceeds American born children in every state except California and Texas. In fact, the number of ‘anchor babies’ born in America each year exceeds the number of births in 16 states plus the District of Colombia, combined.

As a result, 297,000 “anchor babies,” are born in America each year, which are used by their foreign illegal alien parents to ‘anchor’ stay in the United States, and eventually bring in unlimited numbers of foreign relatives through the Progressive-left policy of ‘chain migration’.

Also, ‘birth tourism’ has become common as well, as mothers, late in their term, fly into the U.S. specifically to give birth to a U.S. citizen. As a result, it confers upon the children the ability to avoid mandatory military conscription in nations such as South Korea, Turkey, China, and other nations, while giving their parents an advantage in future immigration via so-called “chain migration.”

Democrats defend ‘anchor babies’, and ‘birth tourists’ by citing the 14th Amendment to the United States Constitution, which reads…

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 .

14th Amendment of the Constitution

Under the current INTERPRETATION of Article XIV of the United States Constitution, America has allowed illegals to be smuggled across the border, so they could deliver their babies on United States soil, and be granted automatic citizenship. Also, a plane could be landed, a baby delivered, and the child granted United States citizenship. Also, there are countless incidents of so-called ‘birth tourism’, where foreigners travel to the United States for the sole purpose of having children here, which automatically grants them citizenship to the United States, and the country of their origin. The list could go on and on, but there are not any other nations around the globe that allow ‘birth-right’ citizenship, except the United States, and Canada.

Now, as illegal immigration has escalated, with Democrats embracing open borders, chain migration, anchor babies, and the visa lottery, President Trump has vowed to close the loophole that has been exploited, especially in recent years. Loopholes that have allowed for a ballooning of our nations ‘welfare state’, resulting in a major expansion of America’s debt, and so forth.

In fact, President Trump announced that he is looking to end illegal aliens ability to illegally cross the United States border to have a baby, so they can use their children’s automatic citizenship to anchor their family (anchor babies) in the United States, and avoid deportation.

Over the past 30 to 40 years, citizens of other countries exploited the loophole in the United States to secure their families ability to stay in the United States, and obtain all the benefits. For example, families from impoverished countries who were looking for a better life would come to the United States border, illegally cross, and have a baby, so they could stay in the United States. Then, they would simply apply and be granted welfare, Medicaid, food stamps, and other handouts, on the backs of the American people. Now, as word of America’s open borders has spread, combined with the reputation of America being the largest ‘welfare’ nation on earth, illegals are incentivized to come to the United States, have babies, and cash in on the system. President Trump said that he looks to sign an executive order that would remove the automatic right to citizenship for non-citizen babies and unauthorized (illegal) immigrants that are born on United States soil.

Ultimately, the President’s plan would target illegals use of “anchor babies”, in their effort to exploit the United States generosity, and create “chain migration”.

The Progressive-Socialist based Axios said that

“it will set off another stand-off with the courts, as Trump’s power to do this through executive action is debatable to say the least.”

Axios

However, the President has been in close contact with White House Counsel, and the President said…

“It was always told to me that you needed a constitutional amendment. Guess what? You don’t.”

President Donald J. Trump

Generally speaking, a person can become a U.S. citizen in one of four ways.

  1. Being born in the United States or one of its territories.
  2. If you were born to parents who are U.S. citizens, then you may be a U.S. citizen yourself. This process is called “acquisition” of citizenship.
  3. You can be a citizen through the naturalization process, which generally involves applying for, and passing, a citizenship test.
  4. You may be a citizen if one or both of your parents have been naturalized. This is called “derivation” of citizenship.

Birthright citizenship stems from the 14th amendment of the constitution which states that…

“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.”

However, judicial precedent only explicitly clarifies that children of lawful permanent residents in the U.S. qualify for citizenship. There is not any previous court ruling on whether or not the children of illegal immigrants or temporary residents who bear children in the United States would actually qualify for citizenship under the 14th Amendment.

Regardless, Democrats and Mainstream Media immediately attacked the President by calling themselves defenders of the Constitution, and once again calling the President a racist.

RINO (Republican In Name Only) Paul Ryan attacked the President by stating that

“Obviously you cannot end citizenship with an executive order”.

Paul Ryan

However, there is ample reasons to believe that the 14th Amendment does not apply to illegals or birth tourists. For example, the 14th Amendment was passed to enfranchise African-Americans by granting citizenship to freed slaves following the American Civil War.

In fact, three years after the conclusion of the civil war, the 14th Amendment was passed in Congress. The Senator who wrote the citizenship clause into the 14th Amendment was Senator Jacob Howard (MI-R), who spoke about the Amendment on the Senate floor, where he stated…

“The amendment 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.”

Senator Jacob Howard (MI-R), Author of 14th Amendment’s Citizenship Clause

Also, Sen. Lyman Trumbull (R-IL), who was instrumental in shaping the language and getting the amendment through the Senate, said during debates that…

“subject to the jurisdiction” of the United States meant subject to its “complete” jurisdiction. Therefore, it means…“Not owing allegiance to anybody else.”

Senator Lyman Truumbull (R-IL), Helped Craft the 14th Amendment’s citizenship clause

Therefore, although open-border, one-world globalist purport to be on strong constitutional legal ground, THEY ARE NOT. In fact, it is the President who is on strong legal ground! Ultimately, the purpose of the 14th Amendment, as written by the Republicans who passed it, was to ensure that newly freed slaves be treated as the citizens who they were. After all, they had recently been freed from slavery under the 13th Amendment, but Republicans realized that the former slaves still had not been granted the inherent right to citizenship. Then, after the well-known Dred Scott decision in 1857 by the courts, anti-slavery Republicans sought to ensure citizenship to the freed slaves. Therefore, Senator Howard and other Congressional Republicans voted in the 14th Amendment to ensure their citizenship…Not illegals, diplomats, or ‘birth tourists’.

Furthermore, the clause’s phrase “subject to the jurisdiction thereof” has significant meaning. So, globalists, and  open border advocates cannot simply pick and choose what parts of the Constitution that they want to follow, and which parts they don’t. That in and of itself is un-Constitutional.

Therefore, President Trump is right, in his intent to return our nation closer to the original intent of the Constitution of the United States, regardless of what the pundits and detractors try to say. He is right, in the fact that the 14th Amendment does not grant illegals who owe allegiance to another country, and illegals certainly don’t qualify for citizenship, unless pursued through legal and constitutional means.

Ironically, the pro-globalists and anti-Constitutionalists like the Democrats, Mainstream Media, and even RINO’s (Republican In Name Only), all choose to resort to attacks and distractions, regardless of once again the facts and truth.

In fact, RINO Bill Kristol, editor-at-large of The Weekly Standard, criticized the Presidents idea of ending ‘birth-right citizenship’, when he spoke about a former court decision about Wong Kim and said concerning Wong Kim Ark…

“upholding birthright citizenship, seems to have been correctly decided. It’s not crazy to ask Congress to test this by legislation, but claiming a constitutionally based policy that’s existed for our nation’s entire history can be changed by executive order is nuts.”

First of all, not only does Bill Kristol either not know the history of the 14th Amendment, or he is ignorant to what it means, but he apparently doesn’t even know when it was passed. After all, the Amendment was passed in the year 1868, not in 1776. Also, Kristol, as well as the Washington Post and other left-wing progressives, all cite the case of Wong Kim Ark, but they fail to note that Wong Kim Ark’s parents were lawful, permanent residents who were “domiciled” in the U.S. at the time of his birth in San Francisco in 1873. Wong Kim Ark subsequently exited the U.S. and was denied re-entry under the Chinese Exclusion Act, signed into law in 1882, prohibiting all immigration of Chinese laborers. He sued, arguing that, as a U.S. citizen, the Chinese Exclusion Act didn’t apply to him. The Court found that his parents, while Chinese citizens owing allegiance to the Emperor of China, were in fact permanent residents of the U.S.—they weren’t in the nation illegally and they weren’t here on a temporary basis. Thus, Wong Kim Ark was a U.S. citizen. Therefore, the Wong Kim Ark had to do with his citizenship in regards to the Chinese Exclusion Act, and NOTHING TO DO WITH HIM BEING AN ILLEGAL ALIEN, WHICH HE WAS NOT!

The 14th Amendment, Section 1 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 case of Wong Kim Ark, cited by Bill Kristol, is often used by defenders of a broad interpretation of the 14th Amendment’s Citizenship Clause. This Supreme Court case was decided 30 years after the 14th Amendment’s ratification by the states. In it, the majority held that Wong Kim Ark’s parents were legal citizens, therefore, Wong Kim Ark was also a legal citizen.

Complicating matters even more involves the fact that under the 14th Amendment, most Native Americans who were born on reservations within the U.S. were not granted citizenship, because they gave allegiance to their tribe. It wasn’t until Republicans in Congress passed the Indian Citizenship Act of 1924, and Republican President Calvin Coolidge signed it into law, that the Native population as a whole became citizens. Why is that important??? It is extremely important, because the fact that IF THEY HAD TO PASS A NEW STATUTE TO CONFER CITIZENSHIP TO AN ENTIRE CLASS OF PEOPLE WHO WERE BORN ON AMERICAN SOIL, AND 26 YEARS AFTER THE WONG KIM ARK DECISION, IT SHOWS HOW THE 14th AMENDMENT DOES NOT GRANT AUTOMATIC CITIZENSHIP TO ALL WHO ARE BORN ON UNITED STATES SOIL!

These facts, combined with the fact that the U.S. Supreme Court has never directly ruled on the issue of whether those born in the U.S. to parents not here permanently or legally, and former Senator Jacob Howard (R-MI), the author of the ‘citizenship clause’ in the 14th Amendment, makes for an opening for President Trump’s proposed executive order on the matter, as well as for statutory clarification as Sen. Lindsey Graham’s announced in a tweet, which read…

“Finally, a president willing to take on this absurd policy of birthright citizenship… In addition, I plan to introduce legislation along the same lines as the proposed executive order from President (Trump).”

Senator Lindsey Graham

Regardless, no matter what the President and Congressional Republicans do, the open-borders globalists have vowed to sue the President and try to stop him from returning America’s immigration system to the way it was envisioned by our Founders, following strict constitutionalism, not through political interpretation, as the socialists, progressives, and communists like to employ.

Now, the President says…

Therefore, a statute passed by Congress and signed by a president could seek to define “subject to the jurisdiction thereof,” or the case could, as President Trump said, be decided in the United States Supreme Court. Either way, the case will likely return our nation back to rational immigration policy, which will return the 14th Amendment to its true meaning as its author Senator Jacob Howard (R-MI) said on the Senate floor, when he stated…

“The amendment 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.”

Senator Jacob Howard (R-MI), Author of 14th Amendment’s Citizenship Clause

In the end, justice will prevail, and our nation will return to a rational immigration system, as specified in the 14th Amendment of the Constitution of the United States. Thankfully, our Constitutional Republic was designed with care, and genius intellect by our Founding Fathers, to withstand the passions of the moment, and an out of control government who tries to defy the Constitution of the United States, and all the rights and freedom that it guarantees to ‘We the People’.

 

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