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So I have a extremely stupid question for all of you.

Posted on 7/1/26 at 10:44 am
Posted by RollingwiththeTide
Member since Oct 2020
6965 posts
Posted on 7/1/26 at 10:44 am
Now that SCOTUS has made birthright citizenship legal just exactly how far back does that attach?

Say a slave was born in the US and the escaped via the Underground Railroad to Canada or some other part of the world and decided to live there. Would every descendant of that slave that is still living now have claim to US citizenship?

Let’s say an Apache Indian or some other border tribe decided to escape to Mexico or Canada instead of living on a res. Would his or descendants now have US citizenship even though the that person decided to live across the border the rest of his life and raise a family in Mexico?

Let’s say a wealthy European couple was traveling the world and the woman finds out she is pregnant on the voyage from Europe. Let’s say they first visit Mexico and then travel to the US closer to her due date so she can have the baby here. Is that baby’s modern day descendants US citizens?

What would be considered evidence. If old journals, letters, photos, or other records can be produced saying these people were born here and that persons descendants want to be US citizens would we have to let them? That could get expensive and time consuming adding to the burden of an already overburdened and underfunded immigration court system. The left could end up using this as a tactic to make the government spend time, money, and other resources on these claims to slow down immigration hearings and deportations. If these type cases can be heard it would be a total disaster. Even if the left just used people to make false claims like this then you can hang removing any illegals if these type cases birthright citizenship ruling can be carried back that far and the left figures out it can be used as a tactic to gum up the immigration court gears.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
95969 posts
Posted on 7/1/26 at 10:46 am to
I'm not sure you understand the issue.

#Seriously
Posted by TideCPA
Member since Jan 2012
14232 posts
Posted on 7/1/26 at 10:48 am to
quote:


Now that SCOTUS has made birthright citizenship legal
Birthright citizenship has been a thing since the 14th amendment; SCOTUS didn't create it.

And anyone born outside the US to a US citizen parent is not automatically a US citizen. The parent must have lived in the US for a specified period of time prior to the birth.
Posted by Indefatigable
Member since Jan 2019
37981 posts
Posted on 7/1/26 at 10:48 am to
quote:

Now that SCOTUS has made birthright citizenship legal just exactly how far back does that attach?

What? Birthright citizenship has been the law since the 1860's.
quote:

Say a slave was born in the US and the escaped via the Underground Railroad to Canada or some other part of the world and decided to live there. Would every descendant of that slave that is still living now have claim to US citizenship?

It would depend. Every person born to a US citizen is a US citizen (subject to the residency rule for persons born to one US parent abroad).

quote:

Let’s say an Apache Indian or some other border tribe decided to escape to Mexico or Canada instead of living on a res. Would his or descendants now have US citizenship even though the that person decided to live across the border the rest of his life and raise a family in Mexico?

Let’s say a wealthy European couple was traveling the world and the woman finds out she is pregnant on the voyage from Europe. Let’s say they first visit Mexico and then travel to the US closer to her due date so she can have the baby here. Is that baby’s modern day descendants US citizens?

The answer and analysis are always the same. Was the person born (a) in the US or (b) to at least one US citizen parent (within the past residency requirement..I think its 5 or 10 years)? If the answer to either (a) or (b) is "Yes" then that person is a US citizen at birth.

This post was edited on 7/1/26 at 10:52 am
Posted by Penrod
Member since Jan 2011
56604 posts
Posted on 7/1/26 at 10:49 am to
Most of your questions have to do with the descendants of someone who could have claimed citizenship. The answers are “No”. American citizenship must be applied for, either through a birth certificate or an application for citizenship. My daughter lives in the UK, which is where her children were born. They are UK citizens, but they are also American citizens because they applied for it. Had they not done so, her grandchildren would never be American citizens. At least I think that’s how it works.
Posted by Indefatigable
Member since Jan 2019
37981 posts
Posted on 7/1/26 at 10:50 am to
quote:

Most of your questions have to do with the descendants of someone who could have claimed citizenship. The answers are “No”. American citizenship must be applied for, either through a birth certificate or an application for citizenship. My daughter lives in the UK, which is where her children were born. They are UK citizens, but they are also American citizens because they applied for it. Had they not done so, her grandchildren would never be American citizens. At least I think that’s how it works.

Correct. You have to apply for it if the US citizen parent has been out of the US for a certain period of time, I believe. There's twists and turns depending on whether theres a marriage involved, etc.

This post was edited on 7/1/26 at 10:51 am
Posted by RollingwiththeTide
Member since Oct 2020
6965 posts
Posted on 7/1/26 at 10:50 am to
The Supreme Court just rules that anyone born on US soil is a citizen. Is there some cutoff? Can someone claim US citizenship because a long lost ancestor was born here but really never lived here. Does that persons living descendants have a claim? That’s all I’m asking?
Posted by FATBOY TIGER
Valhalla
Member since Jan 2016
13532 posts
Posted on 7/1/26 at 10:52 am to
quote:

stupid question


Well........
Posted by PsychTiger
Member since Jul 2004
109919 posts
Posted on 7/1/26 at 10:52 am to
There are no extremely stupid questions, only extremely stupid people who ask questions.
Posted by Snipe
Member since Nov 2015
16968 posts
Posted on 7/1/26 at 10:52 am to
quote:

Now that SCOTUS has made birthright citizenship legal


They did not make it "legal", they upheld that it is a constitutional right, which is far more problematic that being a "law" when you desperately need to change it's status or stop it entirely.

Posted by Taxing Authority
Houston
Member since Feb 2010
63681 posts
Posted on 7/1/26 at 10:55 am to
quote:

Now that SCOTUS has made birthright citizenship legal
They did no such thing. Birthright citizenship has existed for (explicitly) for almost 150 years. And implicitly before that. This ruling changed nothing, just stopped a silly attempt at bypassing a constitutional right by EO
Posted by theballguy
HSV (Dealing only in satire)
Member since Oct 2011
38893 posts
Posted on 7/1/26 at 10:55 am to
quote:

Now that SCOTUS has made birthright citizenship legal


You guys can't possibly be this ignorant, can you?

My brother for over 40 years never got involved in politics until Trump showed up.

After the 2020 election, he told me that Trump hasn't lost because he didn't concede.

Jesus, some of you need to go back to junior high and take a basic American government class.
Posted by Indefatigable
Member since Jan 2019
37981 posts
Posted on 7/1/26 at 10:57 am to
quote:

Can someone claim US citizenship because a long lost ancestor was born here but really never lived here. Does that persons living descendants have a claim? That’s all I’m asking?

The answer is, with very limited potential exception, NO.
Posted by RollingwiththeTide
Member since Oct 2020
6965 posts
Posted on 7/1/26 at 10:58 am to
It was my understanding that birthright citizenship has never really been challenged in court before now. Now that SCOTUS has ruled that anyone born person born here is a citizen it definitely has force of law behind it now. Lawyers love suing and bringing novel cases.
Posted by theballguy
HSV (Dealing only in satire)
Member since Oct 2011
38893 posts
Posted on 7/1/26 at 11:00 am to
At least Trump gave it a shot.
Posted by RollingwiththeTide
Member since Oct 2020
6965 posts
Posted on 7/1/26 at 11:01 am to
Yeah I don’t fault him for trying. I just hope this doesn’t end up being a bigger problem than expected though.
Posted by Indefatigable
Member since Jan 2019
37981 posts
Posted on 7/1/26 at 11:04 am to
I mean its a known quantity at this point. Until Congress gets around to putting an amendment through (unlikely for the forseeable future), border security and strict immigration/visa control are the only ways to counteract this. That and generally making life as an illegal more restrictive and as unpleasant as possible.
Posted by dgnx6
Member since Feb 2006
90513 posts
Posted on 7/1/26 at 11:05 am to
quote:

just stopped a silly attempt at bypassing a constitutional right by EO



What's silly is you can fly from Mexico to Canada, have a baby over the US, and it be a citizen.




Posted by Snipe
Member since Nov 2015
16968 posts
Posted on 7/1/26 at 11:06 am to
Perhaps, but as I understand it, a constitutional right is much harder to change or remove than a law.

See the attacks on 2A thus far,

If the 2nd amendment was a law I have zero doubt that we US citizens would no longer be able to keep and bare arms in the United States.

As it related to BrCs, I believe what the court said was "yes it is a constitutional right for anyone born in the United States to be given citizenship, We the courts do not have the authority to remove a constitutional right. What the court also open up is the a challenge to exactly who is entitled to citizenship under the BrCs constitutional right. Logically, given the accepted name Birthright Citizenship it should only apply to the one being born.

This is the next step in this process IMO. and Conservatives better get their shite together and define it before the democrats take back over.
This post was edited on 7/1/26 at 11:12 am
Posted by theballguy
HSV (Dealing only in satire)
Member since Oct 2011
38893 posts
Posted on 7/1/26 at 11:06 am to
If only we enforced the "you can't hire illegals" laws.
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