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Did the concept of an illegal immigrant exist in the US when the 14th Amendment was

Posted on 4/1/26 at 1:56 pm
Posted by baybeefeetz
Member since Sep 2009
32812 posts
Posted on 4/1/26 at 1:56 pm
ratified? If so, pretty big miss not to exclude their offspring. I would have excluded them explicitly.

And who were the people NOT subject to the jurisdiction of the US at that time? They thought to mention that, but not offspring of illegals, so it’s not like they didn’t try to be careful with the drafting.

Posted by CDawson
Louisiana
Member since Dec 2017
20095 posts
Posted on 4/1/26 at 1:58 pm to
No intellectually honest person could believe or argue that the Constitutional intent was to have a woman hop the fence, have a kid and that kid be granted citizenship.

This just proves how inane the politics have gotten.
Posted by meansonny
ATL
Member since Sep 2012
26662 posts
Posted on 4/1/26 at 1:59 pm to
There was a legal path to citizenship at that time. That path involved assimilation.

That is the only line in the sand that I am aware of.

But "immigration" was not on the minds of the politicians who passed the 14th amendment. It was about post-slavery America.

You are complaining about a problem that was not even in the back of the minds of the amendment makers at the time.
Posted by baybeefeetz
Member since Sep 2009
32812 posts
Posted on 4/1/26 at 1:59 pm to
Idk if it was or wasn’t. Was it legal for anybody to sneak in?
Posted by 4LSU2
Member since Dec 2009
38035 posts
Posted on 4/1/26 at 2:07 pm to
Where does the Constitution allow rights provided therein for noncitizens of the Republic?
Posted by kingbob
Sorrento, LA
Member since Nov 2010
70293 posts
Posted on 4/1/26 at 2:10 pm to
What was the immigration process like in 1868? Would individuals simply arrive by boat or walk across a land border and be considered American and allowed to register to vote? Was there documentation required? Were there any screening procedures?

It is my understanding that states and local governments largely were responsible. That immigrants arrived by boat, were inspected at the port to ensure that were free of obvious diseases and could support themselves and then let in. Very few were rejected and sent back. I could be wrong, though.

I honestly don’t know the exact answers. I am curious if anyone here does.
This post was edited on 4/1/26 at 2:14 pm
Posted by UptownJoeBrown
Baton Rouge
Member since Jul 2024
9428 posts
Posted on 4/1/26 at 2:12 pm to
You could google it. Just a suggestion
Posted by Bass Tiger
Member since Oct 2014
55562 posts
Posted on 4/1/26 at 2:28 pm to
quote:

ratified? If so, pretty big miss not to exclude their offspring. I would have excluded them explicitly.

And who were the people NOT subject to the jurisdiction of the US at that time? They thought to mention that, but not offspring of illegals, so it’s not like they didn’t try to be careful with the drafting.




The 14th amendment was ratified when the US had approximately 40 million people. The US was a growing nation that needed immigrants. Today there are nearly 350 million people in the US with a steeply declining need for any immigrants, rather skilled or unskilled the need for immigrants by the millions is now a drag on the economy and only adds to the current uncertainty in the job market. As AI, automation and robotics replace humans there will be a serious glut of human labor sitting idle in the near future......it's already happening.
Posted by BTROleMisser
Murica'
Member since Nov 2017
12913 posts
Posted on 4/1/26 at 2:38 pm to
quote:

Did the concept of an illegal immigrant exist in the US when the 14th Amendment was ratified? If so, pretty big miss not to exclude their offspring. I would have excluded them explicitly.


No. And we're fricked.
Posted by TBoy
Kalamazoo
Member since Dec 2007
28467 posts
Posted on 4/1/26 at 2:40 pm to
quote:

No intellectually honest person could believe or argue that the Constitutional intent was to have a woman hop the fence, have a kid and that kid be granted citizenship.

But that was exactly the situation when the 14th Amendment was ratified. We as a nation had open borders. Anyone could come in. That is how my ancestors came in. And every child born here became a citizen. How you got here did not matter.
Posted by CleverUserName
Member since Oct 2016
17359 posts
Posted on 4/1/26 at 2:42 pm to
quote:

But that was exactly the situation when the 14th Amendment was ratified. We as a nation had open borders. Anyone could come in. That is how my ancestors came in. And every child born here became a citizen. How you got here did not matter.


They also had the same weapons the military had. Correct? In reference to "arms"? When the 2nd was ratified?

You folks positive you want to become constitutional wording absolutists?
This post was edited on 4/1/26 at 2:47 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
475405 posts
Posted on 4/1/26 at 2:44 pm to
quote:

Did the concept of an illegal immigrant exist in the US when the 14th Amendment was ratified?


No. This came about a few decades later.

quote:

And who were the people NOT subject to the jurisdiction of the US at that time?


1. Diplomats
2. People born in areas of hostile occupation
3. Indians
Posted by meansonny
ATL
Member since Sep 2012
26662 posts
Posted on 4/1/26 at 2:44 pm to
quote:

That is how my ancestors came in


How exactly did your ancestors come in? About what year?
Posted by LSUbest
Coastal Plain
Member since Aug 2007
16143 posts
Posted on 4/1/26 at 2:44 pm to
quote:

During the 1930s Mexican Repatriation, the U.S. did not grant new citizenship to deportees; instead, it wrongly deported approximately 1 to 2 million people, 40% to 60% of whom were already U.S. citizens. These citizens, overwhelmingly children, were forced out alongside Mexican nationals because they lacked identification or were pressured into "voluntary" removal.


Seems that there is a history of NOT recognizing birthright citizenship for the children of illegal immigrants.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
475405 posts
Posted on 4/1/26 at 2:46 pm to
quote:

Seems that there is a history of NOT recognizing birthright citizenship for the children of illegal immigrants.


quote:

it wrongly deported approximately 1 to 2 million people, 40% to 60% of whom were already U.S. citizens


Did you miss the "wrongly" in that language?
Posted by LSUbest
Coastal Plain
Member since Aug 2007
16143 posts
Posted on 4/1/26 at 2:48 pm to
quote:

Did you miss the "wrongly" in that language?


No dumbass I didn't not.
Posted by TBoy
Kalamazoo
Member since Dec 2007
28467 posts
Posted on 4/1/26 at 2:48 pm to
quote:

Where does the Constitution allow rights provided therein for noncitizens of the Republic?

Just the other day there was a 15 page or longer thread where one right winger after another proclaimed that "rights" do not come from governments or constitutions, that "rights" derive from life itself in God's creation. There was universal agreement that the Constitutional provisions about rights merely limited the power of the government to take away rights that are naturally ours.

But today, no one has a "right" unless that "right" is conferred by a government as a reward for a "status" recognized specifically by the government. Immigrants have no "rights" because the government has never conferred any specific "rights" upon immigrants.

The hypocrisy of right wingers could not be more on open display.

I guess all that stuff about rights coming from God was all a bunch of bunk.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
475405 posts
Posted on 4/1/26 at 2:51 pm to
Then how did you come to the conclusion that birthright citizenship was not granted? If your position was correct, those deportations wouldn't have been "wrong".

quote:

dumbass

Posted by TigerAxeOK
Where I lay my head is home.
Member since Dec 2016
37714 posts
Posted on 4/1/26 at 2:52 pm to
quote:

You are complaining about a problem that was not even in the back of the minds of the amendment makers at the time.

Our borders looked quite a bit different at that time, with our Southwestern to northwestern states were mostly territories.
Posted by wfallstiger
Wichita Falls, Texas
Member since Jun 2006
15597 posts
Posted on 4/1/26 at 2:58 pm to
Well, there was a prescribed, orderly way to enter this country which - if nothing else - communicates there to be an erroneous way to enter this country....likely had a public health impetus rather than illegality as we now view immigration
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