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Message

re: Executive Order expected to end birthright citizenship for illegal immigrants

Posted on 1/21/25 at 8:56 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476312 posts
Posted on 1/21/25 at 8:56 am to
quote:

Thanks for confirming that “subject to the jurisdiction” is, in fact, not a phrase from common law.


Is English your 2nd language?
Posted by momentoftruth87
Your mom
Member since Oct 2013
86110 posts
Posted on 1/21/25 at 8:57 am to
The law is don’t come here and should be removed. You’re arguing someone gets arrested then they have rights and claims to citizenship?
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
28518 posts
Posted on 1/21/25 at 8:57 am to
quote:

children born of alien enemies in hostile occupation


Huh, . . .
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476312 posts
Posted on 1/21/25 at 9:00 am to
quote:

The law is don’t come here and should be removed.


This discussion isn't about removal of illegals.

quote:

You’re arguing someone gets arrested then they have rights and claims to citizenship?

No. That is specifically not what is being argued. You're conflating simple concepts. Perhaps you should sit thiw one out
Posted by momentoftruth87
Your mom
Member since Oct 2013
86110 posts
Posted on 1/21/25 at 9:01 am to
Perhaps you can go frick yourself and get back to discount divorces or go see mental health for your TDS.
Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 1/21/25 at 9:03 am to
quote:

The real object of the fourteenth amendment of the constitution, in qualifying the words 'all persons born in the United States' by the addition 'and subject to the jurisdiction thereof,' would appear to have been to exclude, by the fewest and fittest words (besides children of members of the Indian tribes, standing in a peculiar relation to the national government, unknown to the common law), the two classes of cases,—children born of alien enemies in hostile occupation, and children of diplomatic representatives of a foreign state,—both of which, as has already been shown, by the law of England and by our own law, from the time of the first settlement of the English colonies in America, had been recognized exceptions to the fundamental rule of citizenship by birth within the country.


Well when it comes to Central and South American immigration, that part doesn't really apply here. Additionally, the United States Government has allowed this illegal immigration and is complicit in the crimes committed.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
298508 posts
Posted on 1/21/25 at 9:05 am to
quote:

, the United States Government has allowed this illegal immigration and is complicit in the crimes committed.
Replyreplies0...


The big ruse is the "refugee" crisis our govt funded and implemented.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138689 posts
Posted on 1/21/25 at 9:12 am to
quote:

it's kinda irrelevant what the EO says isn't it?
Not if you understand ramifications of "effective date." Once in place, what actually happened yesterday or today in terms of SS cards has no long term relevance. The ACLU has filed suit. The EO will quickly be enjoined. The case will go to SCOTUS. Though there are arguments against birthright citizenship, I'd expect a decision preserving current law.

But if it doesn't, foreigner's kids born on US soil today, and moving forward, will not be given citizenship as a birthright regardless of what card the hospital gives them.
Posted by Salviati
Member since Apr 2006
7705 posts
Posted on 1/21/25 at 9:12 am to
quote:

They are enemies.
That is not an accurate legal statement. In addition, they are not in hostile occupation.

quote:

They broke the law entering our country.
Even if that statement is legally accurate, it's irrelevant.
Posted by momentoftruth87
Your mom
Member since Oct 2013
86110 posts
Posted on 1/21/25 at 9:17 am to
Weird how SFP logs out and some idiot comes to chime in with legal talk. Hi SFP
Posted by Bwmdx
Member since Dec 2018
3431 posts
Posted on 1/21/25 at 9:22 am to
I think they are somewhat related because people use the anchor baby gain a foothold here for their own citizenship. I think we should deport everyone here illegally and tell them they can leave with or without their kids.
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
28518 posts
Posted on 1/21/25 at 9:26 am to
quote:

That is not an accurate legal statement



Well, that's really up to SCOTUS and not a 3rd rate divorce lawyer with gaping daddy issues. isn't it?
Posted by Salviati
Member since Apr 2006
7705 posts
Posted on 1/21/25 at 9:49 am to
quote:

Well, that's really up to SCOTUS and not a 3rd rate divorce lawyer with gaping daddy issues. isn't it?
Exactly right, but immigrants in the United States are not an "alien enemies in hostile occupation." To the contrary, immigrants in the United States are subject to the jurisdiction of the United States government.
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
28518 posts
Posted on 1/21/25 at 10:25 am to
quote:

Exactly right, but immigrants in the United States are not an "alien enemies in hostile occupation


Immigrants and illegal criminal invaders are not the same no matter how much you try to dishonestly conflate the two.

And tell Laken Riley's parents how they aren't in hostile occupation.

quote:

To the contrary, immigrants in the United States are subject to the jurisdiction of the United States government.


Legal Immigrants, sure. But that's not who we're talking about. Try to keep up.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476312 posts
Posted on 1/21/25 at 10:53 am to
quote:

Immigrants and illegal criminal invaders are not the same no matter how much you try to dishonestly conflate the two.


The distinction is irrelevant to the conversation.

quote:

And tell Laken Riley's parents how they aren't in hostile occupation.

Terrible situation. But nothing close to hostile occupation.

Also, you just showed that they are subject to the jurisdiction of the US by the fact hew as prosecuted.

quote:

Legal Immigrants, sure. But that's not who we're talking about.

Yes you are. Laken Riley's killer. Illegal immigrant. Prosecuted by the State of Georgia, proving he was subject to the jurisdiction of the US
Posted by extremetigerfanatic
Member since Oct 2003
5999 posts
Posted on 1/21/25 at 10:55 am to
quote:

Read
the
case

it answers all of your big brain questions


I read the case. The case itself gives you the exact argument we are stating. It's just in the dissent. Just read the dissent. So yeah the idea didn't win out at the time. But we have different judges in place now.
I don't think Trumps people even need to come up with a new argument. They can just read the dissent out and say, yeah, the justices at that time got it wrong and we need new precedent. The dissent is correct. The 14th amendment was never meant to be utilized this way. Children of foreign nationals were never meant to be given citizenship just their mama got here in time for delivery. There is documentation of this. The Civil rights act of 1866 was two years earlier. It had slightly different wording that was adjusted for the 14th amendment to handle the issue with diplomats. But it wasn't meant to open the floodgates. This isn't a hard jump to make. SFP is just on one side of the argument. There are plenty of legal eagles who think this is a winnable argument.

And amazingly enough the judges on the court are not afraid to reverse course and set new precedent.

SFP may be right. This might go against Trump. But I wouldn't be surprised if he wins.
This post was edited on 1/21/25 at 10:59 am
Posted by Salviati
Member since Apr 2006
7705 posts
Posted on 1/21/25 at 11:00 am to
quote:

And tell Laken Riley's parents how they aren't in hostile occupation.
They are not in hostile occupation.
quote:

Legal Immigrants, sure. But that's not who we're talking about. Try to keep up.
:sigh:

Immigrants, regardless of status, are subject to the laws of the United States. If they were not, how could the government arrest them for crimes, such as the murder of Laken Riley?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476312 posts
Posted on 1/21/25 at 11:04 am to
quote:

The case itself gives you the exact argument we are stating. It's just in the dissent.


That distinction matters a great deal in terms of a common law system, especially since it was 6-2 and has only been strengthened since.

quote:

This isn't a hard jump to make

Legally it would be very difficult

It would also make any of Thomas, Gorsuch, and Alito hypocrites, from a juridical philosophy angle.

quote:

And amazingly enough the judges on the court are not afraid to reverse course and set new precedent.

This would reverse their recent precedent on reversing precedent.
Posted by Tridentds
Sugar Land
Member since Aug 2011
23896 posts
Posted on 1/21/25 at 11:04 am to
quote:

Where in the language of the 14A is that stated?


It's somewhere buried amongst the 19 genders newly discovered over the last 4 years. That shite being undone also.
Posted by Salviati
Member since Apr 2006
7705 posts
Posted on 1/21/25 at 11:09 am to
quote:

quote:

children born of alien enemies in hostile occupation
Huh, . . .
Typically, a foreign army that invades and occupies part of our country. It does not happen often in the United States. The War of 1812 would be an example. It any of the British officers/soldiers had a wife who gave birth in an occupied territory such as Washington DC or portions of Louisiana, the child would not be a US citizen.
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