-- U.S. Constitution, Amendment XIV (sic)
Is every child born to a foreigner in the USA an "anchor"?
Why is, "subject to the jurisdiction thereof," so hard to understand? We understand why any hypothetical Pedro and Maria might prefer that their next child, putatively born north of the Mexican border, be regarded as a US citizen, but suppose for a moment that they were prosperous and well connected back in their homeland, had come here legally as tourists, and moreover, were proud citizens of their nation, and preferred that their little bundle of joy have the same citizenship as themselves. (Not too hard to imagine, is it?)
Would the Department of Homeland Surrender insist that their inconvenience at having dropped the little darling on the wrong side of the border on a mere touristic visit, become a trap, forbidding them to take out of the country, a newly-minted US citizen? Would they be charged with attempted kidnapping? I think not! Even considering the high-handed and capricious behavior, so characteristic of that misbegotten agency of Satan, I still think not. Would they do that to a British (French, Russian, German) family?
Moreover, if I am wrong, and the DHS should actually refuse to allow them to take their kid home, to whom would the parents logically turn first, to resolve the injustice -- to the US federal court system, or to the Embassy of their home nation?
The answer to that question should settle the issue of to whose jurisdiction they are subject. (Hint: It ain't ours) Why should anyone think that the prefatory (or should I say, "preparatory?") commission of the minor crime of crossing the border without permission, would alter the national jurisdiction to which any mere invader is subject?
Is every child born to a foreigner in the USA an "anchor"?
Why is, "subject to the jurisdiction thereof," so hard to understand? We understand why any hypothetical Pedro and Maria might prefer that their next child, putatively born north of the Mexican border, be regarded as a US citizen, but suppose for a moment that they were prosperous and well connected back in their homeland, had come here legally as tourists, and moreover, were proud citizens of their nation, and preferred that their little bundle of joy have the same citizenship as themselves. (Not too hard to imagine, is it?)
Would the Department of Homeland Surrender insist that their inconvenience at having dropped the little darling on the wrong side of the border on a mere touristic visit, become a trap, forbidding them to take out of the country, a newly-minted US citizen? Would they be charged with attempted kidnapping? I think not! Even considering the high-handed and capricious behavior, so characteristic of that misbegotten agency of Satan, I still think not. Would they do that to a British (French, Russian, German) family?
Moreover, if I am wrong, and the DHS should actually refuse to allow them to take their kid home, to whom would the parents logically turn first, to resolve the injustice -- to the US federal court system, or to the Embassy of their home nation?
The answer to that question should settle the issue of to whose jurisdiction they are subject. (Hint: It ain't ours) Why should anyone think that the prefatory (or should I say, "preparatory?") commission of the minor crime of crossing the border without permission, would alter the national jurisdiction to which any mere invader is subject?