A rather quick fix to the Immigration issue

A proper interpretation of the 14th Ammendment of the Constitution of the United States of America will and could very well limit or remove a lot of the issues we are currently having with illegal immigration.

Here is the text in full:

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. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.^[1]

The key point is found in 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"


See it mentions subject to the jurisdiction thereof.  What does being subject to the jurisdiction mean?

Well let's take the case of a Gal from say Ireland that cross the atlantic and gets into the country while on a visitor visa.  Legitimate for the time being.... 10 months later she is pregnant by another person from England who is also not in the country legally anymore.  Should the baby born automatically get citizenship?
Well both the parents are not under the jurisdiction of the United States as they over stayed their visas.  Especially, they might have been if the birth occurred within the time frame that the visa was effective (usually 6 months from date of issue).

I believe that jurisdiction refers legal standing of an individual.  Thus because this couple has no legal standing they have no jurisdiction and are therefore no under our jurisdiction.  The baby therefore should not get automatic citizenship.

Now this would be different if one of the parents has citizenship or permanent legal residence.





Why would this small little part have any major effect on the whole immigration debate?

Well, if you make it so that a ton of people do not automatically get citizenship you do not promote people wanting to come here for "Birth Tourism" or coming here with any intent of having children and being able to stay.

If you make it less desirable to come here and bypass the rules or you make it clear that just because someone has come here does not them a ton of extra rights they likely will not come here in the first place.

I've heard of women in labor that will jump the border down by Mexico just so their child can be born here in the united states.
Now I might see them doing this for financial or medical reasons but, many times it appears it is for more then that.
If they lady being illegal find here child is not given automatic citizenship she likely will not do it again or at all in the first place.




Deincentivizing things is what you have to do.  Making it so people here for all the wrong reasons don't feel like staying here is the quickest way to resolve the illegal immigration issue.

They claim recently that illegal immigration has gone down.  Though the trend has followed the rise in unemployment.  Thus with minimal chance at getting a job the illegal goes home.  You make it that way for the 11 million plus illegals and presto the problem is solved.  You don't have to go off granting a path to citizenship or the like.  Make the reason that come here go away and you solve the problem.

If I emigrate to the UK for the free medical and do so illegally and then have my ability to get said free medical taken away due to my status then why will I stay there?  NO real reason would exist and I'd go home unless I'm really worse off there......

But, come on do you believe these people would be some much worse off back home?

Also I saw in a recent article Luck of the Irish on the BBC site that many of Irish are pushing to have the immigration reform bill passed not necessarily because it helps the Latino but, because it helps them. Directly quoting from the article
"We're meeting with people whose grandparents were immigrants, and I tell them that under the regulations today, their grandparents wouldn't get in," says Staunton, an Irish immigrant who has been in the US for 31 years. 

You see they have bought in on the fact that many of the politicans' grandparents who came from Ireland would not make it in under the current system.  Might be but, is this any reason to support something that is full of holes and can be solved in better ways?

 So let's work to make it less desirable to be here illegally and then we can work on fixing the citizenship status of those that remain behind.

This means we have to hit the employers, and the employed that are here illegally......




As an aside.  They would never do it but a few landmines at the border would sure make people think twice before crossing.




Buaidh - NO - Bas