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Posted 08-09-2019 at 05:32 PM by jbgusa


Solution for Problem of "14th Amendment" Birthright Babies (Congress, generation)

https://www.city-data.com/forum/polit...ht-babies.html

I didn't want to create thread drift on No More Anchor Babies?? so I opened this thread. I have an interesting idea for dealing with the problem of 14th Amendment birthright babies.
Quote:
Originally Posted by bluesjuke View Post
Unborn children do not get here by themselves.
I have an out-of-the-box thought; pass a law (not sure if it should be Federal or state-by-state) providing that if a baby is born in the U.S. to two non-citizen parents those parents have two choices; 1) return to their native lands with the baby; or 2) baby is deemed surrendered for adoption to U.S. citizens or legally resident non-citizens, and the parents go back without their children.This seems to be countenanced by law. The 14th Amendment states:
Quote:
Originally Posted by 14th Amendment
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Nothing in that Amendment applies to the parents, nor gives them rights. However, the decision in United States v. Wong Kim Ark construes the 14th Amendment to require that babies born in the U.S. are citizens. Thus the conundrum posed by "birthright" or "anchor" babies.

My proposal to give the parents a choice between returning to their countries with their babies or leaving them here but returning themselves isn't as heartless as it sounds. The parents can always keep their children; by returning to where they should be. Remember, the parents created a dangerous situation by deciding to have a baby in a country in which they were not legally present, or if legal, only on a very temporary basis.


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