Posted on 10/31/2018 1:35:53 PM PDT by mikelets456
The site I listed really does not have the answer I'm looking for but we got on this discussion at work. I understand the 14th amendment clause, 1866 dealing with the civil rights acts etc. The question I have is a person I work with is from Canada. While he was waiting for his citizenship he had 3 children. Then he received his citizenship. I argue that the intention to become a citizen has been started and in the works, therefore establishing "intent". My co-worker argues that his kids are not citizens and Trump's EO and the 14th amendment would kick them out. I'm simply seeking the truth...
The trick is can it be made RETROACTIVE.
THAT is the huge question. There are MILLIONS of anchor babies here nailing the illegal parents in place.
It is possible they are dual citizens.(USA and Canada) -Tom
I hope it doesn’t cover people here legally on tourist visas.
It’s my understanding that as long as the children are under a certain age, not sure what age, they also receive citizenship. Adult children would have to apply for their own citizenship.
Legal resident alien is the term in the law for those trying for citizenship.
People here on any other visa should not be considered eligible, but are currently.
I seriously doubt any court would revoke citizenships already given.
It’s even doubtful to me that John Roberts sides with US on this.
Legal residents’ children born here can have birthright. If they weren’t born here, maybe they should have a path to citizenship once the parent is a citizen.
And student visas must be separate status. If you are only here on a student visa, your kids should not get anything and maybe you should all be deported. If you come here to study, don’t get knocked up. It’s a loophole and student visas are so easy to get.
Birthright should only be for children of citizens and legal residents, not work exchange or student.
Yes, probably most people pay some kind of state and cash register taxes. But such taxes are clearly not a federal tax.
Also consider that the Constitution’s Article I, Section 2, Clause 3 indicates that some (all?) Indians were not taxed by feds.
"Article I, Section 2, Clause 3: Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed [emphasis added], …"
Again, Sen. Howard had indicaticated that Indians not taxed by feds weren’t regarded as citizens, regardless if they were born in the USA.
But I do not know the federal tax status of Indians after Pres. Coolige signed the Indian Citizenship Act of 1924.
Indian Citizenship Act
Insights welcome.
Mikelets456,
What citizenship did their mom have?
> “And for passport holders, in my case I recall the key document to get a passport was the birth certificate.”
I got my passport recently and they required an original, certified birth certificate. No copies allowed. It was the only one I had. They returned it after 6 months.
Since he is naturalized, the way it used to be was, his kids will be given a choice when they are 18 if they want their original Canadian citizenship or choose American citizenship (or the latest fad, both). They will not be ‘kicked out’ because they are legally under the custody of a now-naturalized American citizen. If, at 18, those children refuse American citizenship and claim Canadian citizenship instead, then different rules would apply to them once they did that, vis a vis work permits, voting, taxes, etc. Not sure how all the taxes, work permits etc stuff works for dual citizens.
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