" .. Immigration policy should first benefit the citizens and lawful residents of the United States. "
Reflection on the 14th amendment along with historic reference in parts I and II.
Wrapping up with the conclusion, we have a treat. Fuscaldo answers the questions many have had about a recent high profile announcement. Enjoy!
An essential part of United States immigration policy is based on the executive branch’s current practice of extending birthright citizenship to children born in the United States whose parents are either illegal aliens; a temporary nonresident alien (guest worker) living in the United States, or aliens lawfully in the country for a limited time and purpose.
This practice has never been authorized by any statute or court decision. There is no Supreme Court decision squarely holding that children born in the United States to illegal aliens or temporary nonresident aliens (guest workers) living in the United States are automatically citizens of the United States.
We continue his essay with executive law, congressional acts, and some historic background.
by James Fuscaldo (continued)
Executive / Administrative Policy on Birthright Citizenship
Advocates for granting automatic citizenship to children born to illegal aliens or temporary nonresident aliens (guest workers) living in the United States always focus on the first requirement of birth.They allege birth on United States soil alone guarantees United States citizenship. These advocates also argue that the phrase “subject to the jurisdiction” simply means being susceptible to police authority (i.e. being required to follow American laws, pay fines for violations and be subject to the police powers of the Federal and State Courts). This interpretation creates a redundancy in the Fourteenth Amendment.
All people born in the United States are subject to the laws of the United States. Accepting the argument that the phrase, “subject to the jurisdiction thereof”, simply means subject to police power turns a critical and carefully written Citizenship Clause of the Constitution into a redundancy. It also gives the Clause an interpretation that is contrary to the recorded Congressional debate before its adoption, and to the principles of legislative construction and interpretation.