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  1. #21
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    Re: The 14th Amendment

    Moving the goal posts.

    From the OP: "In my estimation, we can fix the anchor baby issue, and a large component of our immigration problem in the U.S. if the Congress would simply make the law to forbid anchor baby citizenship."

    That makes no distinction between legal and illegal immigrants.
    "Real Boys Kiss Boys" -M.L.

  2. #22
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    Re: The 14th Amendment

    Quote Originally Posted by CowboyX View Post
    Moving the goal posts.

    From the OP: "In my estimation, we can fix the anchor baby issue, and a large component of our immigration problem in the U.S. if the Congress would simply make the law to forbid anchor baby citizenship."

    That makes no distinction between legal and illegal immigrants.
    Anchor baby is a term tied to illegal aliens.

    "Anchor baby is a pejorative[1][2] term for a child born in the U.S. to a foreign national mother who is not lawfully admitted for permanent residence.[3] "
    https://en.wikipedia.org/wiki/Anchor_baby

    So, I didn't move the goal posts. You just didn't understand the term.
    The U.S. is currently enduring a zombie apocalypse. However, in a strange twist, the zombie's are starving.

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  4. #23
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    Re: The 14th Amendment

    Quote Originally Posted by Ibelsd View Post
    Anchor baby is a term tied to illegal aliens.

    "Anchor baby is a pejorative[1][2] term for a child born in the U.S. to a foreign national mother who is not lawfully admitted for permanent residence.[3] "
    https://en.wikipedia.org/wiki/Anchor_baby

    So, I didn't move the goal posts. You just didn't understand the term.

    That doesn't preclude being here lawfully on a temporary basis, such as on a work visa.

    Try again.
    "Real Boys Kiss Boys" -M.L.

  5. #24
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    Re: The 14th Amendment

    Quote Originally Posted by CowboyX View Post
    That doesn't preclude being here lawfully on a temporary basis, such as on a work visa.

    Try again.
    Not lawfully admitted, is the key here. If someone is here under illegal pretenses, i.e. to work, when their intention is to have a child, then I think this would also be an interesting case. In any case, I clarified my position. You can either accept it or not. The case you offered pertains to foreign born legal residents. The courts clearly stated that the 14th amendment applies to children born to this class of people. I am not arguing against the rights of children born to legal residents. I would definitely argue that the 14th amendment is not settled for cases of people here illegally and, perhaps, even for those here on work or tourist visas. Certainly, when those visas were obtained fraudulently.
    The U.S. is currently enduring a zombie apocalypse. However, in a strange twist, the zombie's are starving.

  6. #25
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    Re: The 14th Amendment

    Quote Originally Posted by Ibelsd View Post
    If someone is here under illegal pretenses, i.e. to work, when their intention is to have a child, then I think this would also be an interesting case.
    How is that possibly illegal? Under what statute can you not have a work visa and simultaneously intend to have a child while in the US?
    "Real Boys Kiss Boys" -M.L.

  7. #26
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    Re: The 14th Amendment

    Quote Originally Posted by CowboyX View Post
    How is that possibly illegal? Under what statute can you not have a work visa and simultaneously intend to have a child while in the US?
    The idea of a work visa is to legally work here. If your intention is to have a child, then you have obtained a work visa under false pretenses. There is, for example, the birth tourism industry where people obtain a travel visa with the intention of giving birth on American soil in order to take advantage of the American education system. Clearly, if you are claiming to come here for one reason, but are actually coming here for another reason, then you are committing fraud. Hence, your visit here could be considered unlawful. I think it makes an interesting argument and falls outside the precedent set in the Ark case you presented.
    The U.S. is currently enduring a zombie apocalypse. However, in a strange twist, the zombie's are starving.

  8. #27
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    Re: The 14th Amendment

    Quote Originally Posted by Ibelsd View Post
    The idea of a work visa is to legally work here. If your intention is to have a child, then you have obtained a work visa under false pretenses. There is, for example, the birth tourism industry where people obtain a travel visa with the intention of giving birth on American soil in order to take advantage of the American education system. Clearly, if you are claiming to come here for one reason, but are actually coming here for another reason, then you are committing fraud. Hence, your visit here could be considered unlawful. I think it makes an interesting argument and falls outside the precedent set in the Ark case you presented.
    What if you're coming here for both reasons?

    How would you possibly ever prove such a case? Do you have any actual examples?
    "Real Boys Kiss Boys" -M.L.

  9. #28
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    Re: The 14th Amendment

    Quote Originally Posted by CowboyX View Post
    What if you're coming here for both reasons?

    How would you possibly ever prove such a case? Do you have any actual examples?
    You are getting ahead of yourself. I am merely posing the question which I don't think has been settled by precedent. An example would be the well-known cases of birth tourism whereby Chinese women come here on tourist visas in order to give birth so their children will have access to the American education system.
    http://www.huffingtonpost.com/2015/0...n_7187180.html
    "Ma is part of a growing wave of Chinese women who are flocking to the United States -- California, in particular -- to have children who will grow up as American citizens."

    Right now this behavior is considered legally protected by the 14th amendment. However, I do not believe this is as settled as previously thought which is the argument being made in this thread.
    The U.S. is currently enduring a zombie apocalypse. However, in a strange twist, the zombie's are starving.

  10. #29
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    Re: The 14th Amendment

    Quote Originally Posted by Ibelsd View Post

    Right now this behavior is considered legally protected by the 14th amendment. However, I do not believe this is as settled as previously thought which is the argument being made in this thread.[/FONT][/COLOR]

    “I’m here to have a baby.”

    “How much cash do you have on you?”

    “I only have $1,000 in cash, but I have a debit card with much more in the bank.”

    Passport stamped. Welcome to Los Angeles. http://www.huffingtonpost.com/2015/0...n_7187180.html

    I'd say that's pretty much settled. That you don't like it is irrelevant.
    "Real Boys Kiss Boys" -M.L.

  11. #30
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    Re: The 14th Amendment

    Quote Originally Posted by CowboyX View Post
    “I’m here to have a baby.”

    “How much cash do you have on you?”

    “I only have $1,000 in cash, but I have a debit card with much more in the bank.”

    Passport stamped. Welcome to Los Angeles. http://www.huffingtonpost.com/2015/0...n_7187180.html

    I'd say that's pretty much settled. That you don't like it is irrelevant.
    The custom's official isn't a lawyer and wasn't interpreting case law.

    You asked for an example and I provided one. So, you still have not provided a SCOTUS case dealing with those here illegally or for those here whose purpose differs from their visa authorization.
    The U.S. is currently enduring a zombie apocalypse. However, in a strange twist, the zombie's are starving.

 

 
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