[SeekAndFind]

I think we can make a phased solution:

1) Re-interpret the Constitution the RIGHT WAY. NO AUTOMATIC CITIZENSHIP for babies born to illegals.

2) Pass a law recognizing #1 above.

3) Implement it.

The only problem is this — do you apply it RETROACTIVELY? or do you apply it only AFTER the law is passed?

[LS]

Can’t do it retroactively, I don’t think.

[usurper]

The only problem is this — do you apply it RETROACTIVELY? or do you apply it only AFTER the law is passed?

No one is suggesting that we strip the citizenship of those that already have it. That is not what Trump is proposing.

The MSM is trying to imply that in order to muddy the waters.

[refermech]

I think it would have to be after the law. That leaves you with all the people that are already here. The solution: No immigration at all for five years. Let the country absorb them and make it manadatory that they go through the normal immigration process or they are deported. No welfare or bennies for that 5 year period.

[ConservativeInPA]

The only problem is this — do you apply it RETROACTIVELY?

That would imply an ex post facto law. So, no. I think that it would be argued that while there was no previous law in place, the practice was in place and accepted as legal.

[dmz]

The only problem is this — do you apply it RETROACTIVELY? or do you apply it only AFTER the law is passed?

<><><><><

Article 1 Section 9 specifically says no ex post facto laws shall be passed.

[ExGeeEye]

We don't have ex post facto law in this country. Constitutionally.

Yes, I too sometimes wish we did.

[kabar]

You don't do it retroactively. Every year someone in Congress introduces a bill to eliminate birthright citizenship. This year Steve King introduced one:

H.R.140 - Birthright Citizenship Act of 2015

Amends the Immigration and Nationality Act to consider a person born in the United States "subject to the jurisdiction" of the United States for citizenship at birth purposes if the person is born in the United States of parents, one of whom is: (1) a U.S. citizen or national, (2) a lawful permanent resident alien whose residence is in the United States, or (3) an alien performing active service in the U.S. Armed Forces.

States that this Act shall not be construed to affect the citizenship or nationality status of any person born before the date of its enactment.

[erkelly]

Since the constitution clearly states in the phrase “subject to the jurisdiction of” that children of illegals are not citizens, there should not be an ex post facto issue here, and we should just deport all of them, including their “anchor” babies.

[Tammy8]

I am as opposed to illegal immigration as anyone I know. I support changing the law but not making it retroactive. That would open more cans of worms than anyone could deal with. To be honest the courts would not stand for it for a minute and if changes could made the retroactive issue would likely get it all overturned. I honestly doubt the way citizenship is determined as being born here can be changed, but I sure hope it can. To make it retroactive, that really isn’t going to fly.