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re: Are illegal children “subject to the jurisdiction thereof”

Posted on 10/31/18 at 8:34 am to
Posted by WillRogue
Member since Oct 2018
9 posts
Posted on 10/31/18 at 8:34 am to
quote:

Illegal children are clearly not subject to the jurisdiction of our country.


You heard it here first, folks! Republicans declare that literally ALL undocumented immigrants have diplomatic immunity!
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
53509 posts
Posted on 10/31/18 at 8:35 am to
"All persons born or naturalized in the United States"
Posted by Wednesday
Member since Aug 2017
16995 posts
Posted on 10/31/18 at 8:35 am to
quote:

not subject to the jurisdiction of our laws?


The same way diplomats are not. In your own damn example.
Posted by CptBengal
BR Baby
Member since Dec 2007
71661 posts
Posted on 10/31/18 at 8:37 am to
quote:


You heard it here first, folks! Republicans declare that literally ALL undocumented immigrants have diplomatic immunity!



Lol.

I love stupid lawyers.

Diplomatic immunity is GRANTED by the host country. fricking imbecile
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
53509 posts
Posted on 10/31/18 at 8:37 am to
quote:

The same way diplomats are not


So you're saying illegal immigrants have diplomatic immunity?
Posted by CptBengal
BR Baby
Member since Dec 2007
71661 posts
Posted on 10/31/18 at 8:39 am to
quote:

"All persons born or naturalized in the United States"




Why do you keep cutting off text
Posted by CptBengal
BR Baby
Member since Dec 2007
71661 posts
Posted on 10/31/18 at 8:40 am to
quote:

So you're saying illegal immigrants have diplomatic immunity?


Advertising


Did fed Gov grant them diplomatic immunity?
Posted by jbond
Atlanta
Member since Jun 2012
4975 posts
Posted on 10/31/18 at 8:41 am to
quote:

All persons born or naturalized in the United States and subject to the jurisdiction thereof, 


Anyone in the United States is under US jurisdiction, with the exception of diplomats and their families. So if a foreign diplomat has a baby while here, their kid isn't automatically a citizen.
Posted by Eli Goldfinger
Member since Sep 2016
32785 posts
Posted on 10/31/18 at 8:41 am to
If I steal a car, but I pay the registration and obey the traffic laws...does that make me the legal owner?
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
53509 posts
Posted on 10/31/18 at 8:41 am to
quote:

quote:
"All persons born or naturalized in the United States"



quote:

Why do you keep cutting off text



You're not reading the prior post that I responded to.
Posted by WillRogue
Member since Oct 2018
9 posts
Posted on 10/31/18 at 8:43 am to
quote:

The same way diplomats are not. In your own damn example.



Okay, so then every single undocumented immigrant that Trump has charged with the crime of illegal entry has been illegally detained. Yes, great plan there guys!
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 10/31/18 at 8:43 am to
quote:

That’s the entirety of section 1 of the amendment. Not sure what you’re talking about.

It was rather obvious sarcasm
Posted by TenWheelsForJesus
Member since Jan 2018
10443 posts
Posted on 10/31/18 at 8:45 am to
quote:

considering we didn't have immigration laws then like we do now, "alien" does not mean anywhere near the same thing


You can't change the meaning of a word to change the meaning of an amendment. You can't change the meaning of militia, and you can't change the meaning of alien. The meaning of the amendment as described by its authors can't be more clear. Even those that wrote about it shortly after agreed.

quote:

In 1873, The Attorney General of the United States published the following legal opinion concerning the Fourteenth Amendment:

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 this amendment. Aliens, among whom are persons born here and naturalized abroad, dwelling or being in this country, are subject to the jurisdiction of the United States only to a limited extent. Political and military rights and duties do not pertain to them.
Posted by WillRogue
Member since Oct 2018
9 posts
Posted on 10/31/18 at 8:46 am to
quote:

Diplomatic immunity is GRANTED by the host country.


And all people in the US who are not granted diplomatic immunity are SUBJECT TO THE JURISDICTION OF THE UNITED STATES OF AMERICA, dumbass.
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
53509 posts
Posted on 10/31/18 at 8:46 am to
quote:

Aliens, among whom are persons born here and naturalized abroad, dwelling or being in this country, are subject to the jurisdiction of the United States only to a limited extent. Political and military rights and duties do not pertain to them.


Is the word "limited" in the 14th amendment?

and non-citizens can join the military.
This post was edited on 10/31/18 at 8:47 am
Posted by GoCrazyAuburn
Member since Feb 2010
39806 posts
Posted on 10/31/18 at 8:47 am to
Sen. Trumbull said this about it:

quote:

The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’ Not owing allegiance to anybody else. That is what it means.


quote:

“It is only those persons who come completely within our jurisdiction, who are subject to our laws, that we think of making citizens…”


Atty-Gen in 1873 that was recognized by Justice Gray in Elk v. Wilkins:
quote:

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 this amendment… Aliens, among whom are persons born here and naturalized abroad, dwelling or being in this country, are subject to the jurisdiction of the United States only to a limited extent. Political and military rights and duties do not pertain to them. (14 Op. Atty-Gen. 300.)


I'd say there is a decent argument to be made that birthright citizenship did not apply to any immigrants until the parents became sole citizens.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112844 posts
Posted on 10/31/18 at 8:47 am to
Not as that term was understood, defined and described when the amendment was passed and ratified.
Posted by Wednesday
Member since Aug 2017
16995 posts
Posted on 10/31/18 at 8:51 am to
quote:

So if a foreign diplomat has a baby while here, their kid isn't automatically a citizen.


Why is a foreign diplomat’s baby any different than a baby of an illegal immigrant for purposes of determining citizenship?
Posted by Wednesday
Member since Aug 2017
16995 posts
Posted on 10/31/18 at 8:54 am to
quote:

Okay, so then every single undocumented immigrant that Trump has charged with the crime of illegal entry has been illegally detained. Yes, great plan there guys!


No. They’re legally detained for committing a crime, and therefore they should be deported.
Posted by GoCrazyAuburn
Member since Feb 2010
39806 posts
Posted on 10/31/18 at 8:56 am to
quote:

and non-citizens can join the military.


Legal non-citizens.
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