Birth Citizenship For The Children Of I******s Is A Sham Part II: "Further, Congress knows what words to use if it wants to declare that every non-citizen born within the United States...

pescado rojo

"Further, Congress knows what words to use if it wants to declare that every non-citizen born within the United States is a citizen. The Indian Citizenship Act of 192433 provides that “all non citizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States.” There is no reason to believe that the Congress of 1866 was any less able to use such words if it intended to provide citizenship to all persons born within the territorial limits of the United States. That it did not use such words requires the conclusion that no such all-encompassing grant of citizenship was intended.

I am not the first person to reach this conclusion as to the meaning of the Birthright provision. In 1873—only five years after the ratification of the 14th Amendment—the U.S. Attorney General provided an official government opinion: “The word ‘jurisdiction’ must be understood to mean absolute and complete jurisdiction, such as the United States had over its citizens before the adoption of the amendment. Aliens, among whom are persons born here and naturalized abroad, dwelling or being in this country, are subject to the jurisdiction only to a limited extent.”34 Being subject only to a limited extent does not meet the requirement of “absolute and complete jurisdiction” necessary to obtain citizenship."

I h**e to admit it, but Mr Walpin has stated the same thing as me, just in more detail.

https://fedsoc.org/fedsoc-review/birthright-citizenship-two-perspectives

Coos Bay Tom Loc: coos bay oregon

pescado rojo wrote:

i "Further, Congress knows what words to use... (show quote)

Well dang it --My mother was a Canadian illegal and was not a citizen till I was 8 years old . Now I am in a quandary --Am I am American or a Canadian ?

BIRDMAN

Coos Bay Tom wrote:

Well dang it --My mother was a Canadian illegal and was not a citizen till I was 8 years old . Now I am in a quandary --Am I am American or a Canadian ?

🤪🤪🤪🤪

Coos Bay Tom Loc: coos bay oregon

BIRDMAN wrote:

🤪🤪🤪🤪

LMAO---good ones

Smedley_buzkill

Coos Bay Tom wrote:

Well dang it --My mother was a Canadian illegal and was not a citizen till I was 8 years old . Now I am in a quandary --Am I am American or a Canadian ?

I believe you said your father was American. You only need one citizen parent, according to 8 US Code 1401. You are also part Indian. You're covered.
https://www.law.cornell.edu/uscode/text/8/1401

Coos Bay Tom Loc: coos bay oregon

Smedley_buzk**l wrote:

I believe you said your father was American. You only need one citizen parent, according to 8 US Code 1401. You are also part Indian. You're covered.
https://www.law.cornell.edu/uscode/text/8/1401

Whew --- Had me slightly worried . Thanks Smeds for re assuring me .

EmilyD

Coos Bay Tom wrote:

Well dang it --My mother was a Canadian illegal and was not a citizen till I was 8 years old . Now I am in a quandary --Am I am American or a Canadian ?

Why wasn't she a dual citizen? My husband was born in Canada, but has been an American Citizen for over 50 years. When he went to Canada and had a heart attack, they took him in to the hospital right away (not common in Canada!) and performed bypass surgery on him because he has a Canadian birth certificate, and is considered a dual citizen of both America and Canada...

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Coos Bay Tom Loc: coos bay oregon

EmilyD wrote:

Why wasn't she a dual citizen? My husband was born in Canada, but has been an American Citizen for over 50 years. When he went to Canada and had a heart attack, they took him in to the hospital right away (not common in Canada!) and performed bypass surgery on him because he has a Canadian birth certificate, and is considered a dual citizen of both America and Canada...

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I would like to know that too because her brother Vernon was and I should have been an automatic Canadian citizen .

EmilyD

pescado rojo wrote:

i "Further, Congress knows what words to use... (show quote)

Good article!!

Every American citizen (LEGAL American citizen) should read that article and realize that every time we accept an anchor baby as a citizen, we are breaking the law....again!

This one sentence in that article ... "An immigrant who violated U.S. law by entering or overstaying illegally also fails to show “allegiance,” which by definition requires loyalty and obedience to the law." ....means to me that a woman who illegally comes to the US to have her baby so that it will be a citizen, cannot do that because SHE, HERSELF is not a legal citizen (and has not sworn her allegiance to the US), making the baby inside her illegal too, since it is also "crossing" the border, along with it's mother - illegally.

They need to clarify this law so that it is understood that anchor babies no longer work as a "pathway" to American citizenship!
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EmilyD

Coos Bay Tom wrote:

I would like to know that too because her brother Vernon was and I should have been an automatic Canadian citizen .

It sounds like someone just didn't do the paperwork.
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Coos Bay Tom Loc: coos bay oregon

EmilyD wrote:

It sounds like someone just didn't do the paperwork.
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I even went to Victoria to see what I could do .

EmilyD

Coos Bay Tom wrote:

I even went to Victoria to see what I could do .

That surprises me, since it's clear by both her residences in the US as well as her marriage to an American that she should almost automatically qualify for dual citizenship. It sounds like someone in Canadian immigration just didn't want to do anything about it.

I do know that I am not considered a dual citizen just by my marriage to a Canadian...I'm not sure how it works because I didn't pursue that, since I don't have need to be a Canadian citizen. (I will never have a need to go there again, since his parents are now deceased, and that is the only reason we ever went there.) I would never voluntarily live in Canada - it's too expensive for one thing! They say their health care is free, but in my opinion, you pay through the nose for everything else in order to have that benefit!

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Coos Bay Tom Loc: coos bay oregon

EmilyD wrote:

That surprises me, since it's clear by both her re... (show quote)

Yeah I noticed that -- A pizza cost twice as much as one in the states . Beer was spendy and you had to go to a beer store to get it . You ask for a half case and they give you a 6 pack and you ask for a case and they give you a twelve pack . Go to a bar and ask for a pitcher of beer and they have no clue of what you are talking about . Ask for a Jug and they bring you a pitcher of beer . But I can say I saw loads of beautiful young women every where and not a lot of men by comparison --about 4 to 1 women over men . A single mans paradise .