Skip to comments.Amerasians have standing to challenge Birthright Citizenship
Posted on 08/29/2010 3:18:44 PM PDT by jdirt
Legal scholars and constitutional lawyers please opine.
Many people want to discontinue the federal governments interpretation of the 14th Amendments birthright citizenship clause. People feel that it is just plain wrong for people to be awarded citizenship because their parents broke the law. The illegal immigrant parents will become legal citizens too when their citizen children turn 18, so who needs all that headache of jumping through amnesty hoops. (They can become a citizen here and never learn English). Anybody who didnt qualify for amnesty (with legal documents or falsified documents) in 1986 just stayed anyway.
There are four ways to challenge birthright citizenship for the children of illegal immigrants:
Constitutional Amendmentfat chance
US Congress makes lawwhen hell freezes over and not without allot of strings attached
The State Legislature makes lawpossible but very difficult to get done and will go to court eventually.
Someone with standing takes it to the Supreme Court. (If they will hear it)
But who has standing?
Not taxpayers because they don't have a particular injury.
The children of illegal aliens have standing. But I dont think they hate America enough to sue for receiving US citizenship.
People who have naturalized might have standing. They could have lived in the US for years if they just flew to Mexico and sneaked over the border. Then when they had children, they would be home free. (Remember we dont enforce our laws anymore, if you can get here, not only can you stay (even if you commit a crime), but you get citizenship too). But they waited their turn instead, learned English, passed tests, swore sole allegiance and then got citizenship.
Were they discriminated against because of their proximity to the border or because they followed the law? They might have standing.
Amerasians are people who were born from US Soldiers during wartime. They are mostly half Korean and half Vietnamese. 99.9% of them dont know who their father is but they have either white or black DNA and would be of a certain age.
Vietnamese Amerasians were shunned from society after the war. Some were discarded. They were ridiculed and not allowed to go to school. Families that kept them could be sentenced to re-education camp for decades or killed. But then things settled down and they became valuable. They were sold to other families as a ticket to the US. But eventually the consulate learned the kids were lying about their owners being family members and then none of them were allowed in because they lied. (Didnt an illegal alien just get caught lying in TN about their US citizenship so they could vote in our election? Yeah thats right, now hes getting citizenship!) They were just kids that nobody wanted and they did what their owners told them to do. But I digress.
Amerasians who were lucky enough to make it to the US were denied citizenship even though they were the child of a US citizen. They had to naturalize if they wanted US citizenship. They didnt get any translators in school, welfare, food stamps, social security, medicaid or a break in college tuition. They came here and bounced from foster home to foster home. And they were just glad to get out alive. They were really not welcomed here much either and as a result they became a people with no country. They never had Vietnamese citizenship. But I digress again.
So here you have two groups of people. Some who are born from two illegal aliens with no connection to the US whatsoever who are given citizenship and another group born of a US citizen that either naturalized if they learned english, are still permanent residents? or were denied entry altogether.
Were they discriminated against because they didnt know their fathers name? They were illegitimate children of a father who didnt know they had a child, failed to register their birth abroad, got separated, or abandoned the child. Some dont know who their mother or father is. Amerasians might have standing.
Right now the only qualification you need to become an American is your ability to hike. I think there are many illegal aliens here who could care less about citizenship. They just want to live here and remind us where they are from. If enough of them are good hikers, you dont even have to get a visa, just a plane ticket to Mexico.
If someone with standing goes to court, someone who was wrongly denied citizenship, you might have standing to adjudicate the birthright citizenship of people who are not subject to the jurisdiction of the US. That might be the fastest way to get this issue settled.
What will happen to our country when half of Americans dont speak English or its inhabitants dont give a darn about our country? What will happen to our country when third world rule of no law becomes the norm for the majority of people here? This country will become socialist with this many poor people coming here uncontrolled and having more rights and benefits than the taxpayers.
I have never seen a group of immigrants who have resisted assimilation so strongly yet aggressively demand their rights.
The Supreme Court ruling in Plyler v Doe in 1982 stated that tax payers must pay for the education of illegal immigrant children. The State of TX was spending 62 million dollars a year to educate 20,000 students in 1975. Now TX is educating 300,000 a year and spending billions. But the Supreme Court didnt put a limit on how much we had to pay. They didn’t think it was a widespread problem. I guess the only limit is the amount of our paychecks. But if property taxes go over that, they take your house, so. Anyway, while this and our federal gov.s unwillingness to secure the border and to deport illegal immigrants (they dismissed thousands of deportation cases the other day) have nothing to do with birthright citizenship, it just makes people mad. Its just not right. But the gov. makes laws and tax payers have to just live with it because they dont have standing to sue. People dont want to sue or discriminate against anybody they just want to be treated fairly, they are the ones that have to foot the bill after all. They should have a say or at least put some limit on how much we must pay before we have rights too. Its amazing how little illegal alien children in TX didnt want to pay some tuition for school but had enough money to take a case to the Supreme Court!
It probably took at least $500,000 to do that back then.
Tax payers should not have to pay for any services to illegal aliens - those criminals should not even be in this country and should be deported. Yet they demand even special perks not available to the rest of us such as reduced college tuition. Their sense of entitlement is just like a sociopaths.
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