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Showing posts with label citizenship. Show all posts
Showing posts with label citizenship. Show all posts

Saturday, July 6, 2013

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

Thursday, June 28, 2012

Things are changing for Brasil (Nossa viagem no Consulado)

Ontem tivemos a necessidade de ir no Consulado Brasileiro em Los Angeles. Quatro anos atrais a experiencia foi bem diferente. Esta vez muito mais da applicação de passaporte é electronica, e o consulado em si mudo muito também.

Brasil e consulado está fazendo tudo para que pode entre como parte do Primeiro Mundo. Com uma economia que está crescendo quando Europa está morrendo, oportundidades que não tem em outro lugar algo tinha que mudar.

O consulado em Los Angeles é a face do Brasil para o exterior na maioria dos estados oeste do Rocky Mountains. No passado a gente sentiu que ninguém importou e tudo era difícil de fazer. Eles fizeram tudo para estar mais trabalhoso. Bem diferente agora. Os cores nas paredes, a sala de espera, as janelas de atengimento, a sistema de espera, e os funcionários mesmo fez com que a gente sentiu que Brasil chegou no primeiro Mundo. Os passaportes e vistos estão mais caro agora do que no passado mas, também estão Biometrico que inclui pegando as marcas dos dedos nas duas maos.

Vamos ver se pegarimos os documentos, passaporte, e tudo em menos de 20 dias.

Para que quer saber -
  • Para passaporte de menores tem que fazer um novo documento autorizando viagems. Ombros os pais tem que assinar e autorizar que a criança pode viajar. Eu tinha que fazer minha assinatura no notário devido que estou estrangeiro. Brasileiros assinim papelado no consulado em frente do funcionário. 

  • Todos os pagamentos agora tem estar em MONEY ORDER os correio EUA. Nemhuma forma de pagamento estaria aceita. Bem diferente do passado. 
  •  Applicações por passaporte etc estao feito electronica e só tem que entregar um papel com barcodes e o foto. Bem simplificado.

No consulado mesmo usa um kiosk para pegar um numero de espera. Bem mais organizado, e a sala tem melhorada muita também.

Em tudo a experiencia melhorou bastante desde que fomos ali no última vez.

Para Bems Brasil - Entrando no Primeiro Mundo.




Yesterday we had the need to go to the Brazilian Consulate in Los Angeles. Four years ago the experiences was very different. This time around more of the application for the passport was electronic, and the consulate itself is also very different.

Brazil and consulate is doing everything to show it is part of the First World. With an economy that is growing while Europe is dying, and opportunities that exist no where else something had to change.

The consulate in Los Angeles is the face of Brazil for the outside world in the majority of the states West of the Rocky Mountains. In the past the people felt that nobody mattered and everything was difficult to get done. They did everything by the more laborious means. Very different now. The colors on the walls, the waiting room, the service windows, to the system of wait prioritizing, and the way the workers dealt with that the people made you feel that Brazil has arrived in the first World. The passport and visa are more costly now then in the past but, also they are Biometric which included getting finger prints of the fingers on the two hands.

We are going to see if we receive the documents, passport, and everything in less of 20 days.

For those that want to know -
For passport for minors you should fill out a new document authorizing travel.  Both the parents should sign and authorize that the child can travel. I had that do my signature in the notary because I am a foreigner. Brazilians sign paperwork in the consulate in front of the member of staff.

All of the payments now must be in USPS MONEY ORDER. NO other forms of payment will be accepted. Much different then the past.

Applications for passport etc now are made electronicly and you only have to deliver a paper with barcodes and the picture.  Really simplified.

In the consulate you even use a kiosk to sign in and get a number to wait your turn. Much more organized, and the room has improved a lot also.

In everything the experience improved significantly since we were there the last time.

Congratulations Brazil - Entering in the First World.


If you want to know where the best beaches in the world are look no further. Brasil and especially the Northeast has them. Fresher fruit - look there as well. Want to experience fruits you have never heard of? head to the North or Northeast..... they make them into some of the most amazing ice cream and many are wonder as whole fruit or in juice form.



 
 
The Consulate
Brasil Consulate - Los Angeles 
 
 
Buaidh - NO - Bas