Duncan Hunter: Deport the Children of Illegal Aliens

Rep. Duncan Hunter has called for the deportation of the children of illegal aliens born in this country. I discussed this issue last night on Countdown. Jus soli (“law of ground”) or “birthright citizenship” is recognized in some form by nations like France and the United States while rejected by others.

The Citizenship Clause of the Fourteenth Amendment states “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.” Opponents argue that “subject to the jurisdiction thereof” limits this meaning and excludes the children of illegal aliens.

The Supreme Court indicated in United States v. Wong Kim Ark, 169 U.S. 649 (1898) that this language covers the children of illegal aliens. However, critics argue that this language is at best dicta and unclear. Some members have introduced legislation to mandate that such children are not “subject to the jurisdiction” of the United States to deny citizenship.

To accomplish such a change, Hunter would have to pass sweeping new legislation and ultimately face a showdown with the Court over the language in the 14th Amendment. Such a challenge would likely focus on statements before ratification of the 14th Amendment that indicated a narrower view of the language. The author of the 14th Amendment, Senator Jacob Merritt Howard of Michigan proposed the addition of the jurisdiction phrase and stated that it tracked what he believed was already the law of the land. As such, he stated, “This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the family of ambassadors, or foreign ministers accredited to the the Government of the United States, but will include every other class of persons.”

Of course the recognition of birth right citizens is different from deporting already recognized citizens. Even if Congress changed the current law, Hunter suggested that he would deport existing citizens. That would raise a host of constitutional problems in the retroactive stripping of citizenship since you cannot simply deport a U.S. citizens because they are too costly.
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35 thoughts on “Duncan Hunter: Deport the Children of Illegal Aliens”

  1. This is what happens when you get elected to the U.S. Congress without first obtaining a law degree. It is truly a tribute to the 1st Amendment that this type of vial, contemptible non-sense is so freely promulgated. What say we to the Congressman, read a book or go to law school. Until then, do not seek to interpret that which you cannot understand.

  2. leticia olalia morales of 15501 pasadena ave #8 tustin ca 92780 submitted fake documents and paid 5000.00 dollars to obtain a US tourist visa. she is now applying for citizenship.

  3. leticia olalia morales of 15501 pasadena ave #8 tustin ca 92780 submitted fake documents and paid a consul 5000.00 dollars to obtain a US tourist visa. she is now applying for citizensip.

  4. leticia olalia morales of 15501 pasadena ave #8 tustin ca 92780 submitted fake documents and paid a consul 5000.00 dollars to obtain a US tourist visa. she is now applying for citizenship.

  5. AY:

    he does have a point, his ancestors got to come here for free more or less. All they needed was a few bucks in their pocket and be disease free. And they came by the millions. Friggen European immigrants. Ruined the country for the rest of us that had been here since Plymouth or Jamestown.

  6. Wow and to think that your ancestors for immigrants and had to get permits to come here or they did it the other way and immigrated through the Mississippi….I wonder who had possession prior to your ancestors taking possession? I believe that it was stolen from the Indians….

    You see Texas was stolen fair and square by Spain from the Aztecs and Incas and Mexico stole it fair and square from Spain….Then the Texicans stole it fair and square from the Mexicans.

    What I learned in Criminal Law is you can never have title from the true owner you just have a possessory interest better than anyone else hence you can never hold title from the true owner interest….unless of course they abandon the free hold…do you think the Mexicans and Indian abandoned there interest willingly?

    The crap that people like you espouse turn even rot gut whiskey sour…..

  7. I was born in this country, as was my father, grandfather, great-grandfather, etc. I put my life on the line for this country. Illegal aliens come here, receive all the benefits and use up all the resources that are not availble to citizens whose ancesters built this country. They give birth to their children here for the sole purpose of acquiring citizenship. They cross our borders to deal drugs, commit murders and various crimes and we provide for them with our tax dollars. Our children are arrested and held without bail or due process for illegally crossing their borders. They squat on our properties and the laws are favorable to them and against us as actual landowners. Arizona legislature is right. The constitution should be amended. They should not be able to continue to come here illegally, give birth, and stay here and be given unfair advantages over real citizens. Think about this: When a US citizen goes to an airport to fly to another country, the first thing they ask you is “Where’s you passport?”

  8. Buddha,

    I am only going to say one thing to Greg, what a fuckhead. I bet he thinks that no one belongs here but the white man. But the fuckhead does not understand that we stole it. He has not a clue that Mexicans and Canadians are Americans. Geeze, how stupid can stuipd be…..

  9. Duncan is 100% correct, mexico would’nt allow it so we should’nt either.. People who say the offspring are American citizens are out of their minds. The invasion is a human trojan horse, an act of invasion to change the country of attack from within perpetrated by the mexican and american crooked governments.

    Its too bad you sheeple that have compassion for the invaders children don’t look around to see Americans out of work, commiting crimes, begging, etc.. You are disgraceful for not looking to your American brothers and sisters in need!! Disgraceful treacherous sheeple you are!!!

    The 14th amendment meant what it meant ‘jurisdiction thereof’ Not some addition that exposes a loophole. Or a premeditation of total illegality to create an anchor to keep an enemy in the country.. Thank god Hitler did’nt find out about this huh.. Does that open your eyes a little wider morons!!! Americans see this illegal maneuvering for exactly what it is.. an Illegal invasion that tries to use the 14th amendment as a loophole.. Our founding fathers were way way smarter then you lib dem\repub scumbags…

  10. Just like the damn seat belt law. Take one right away at a time and see what you get.

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