https://vdare.com/posts/former-trum...ip-is-a-misinterpretation-of-the-constitution
http://www.jewishworldreview.com/0718/anton071918.php3
"The notion that simply being born within the geographical limits of the United States automatically confers U.S. citizenship is an absurdity – historically, constitutionally, philosophically and practically.
Constitutional scholar Edward Erler has shown that the entire case for birthright citizenship is based on a deliberate misreading of the 14th Amendment. The purpose of that amendment was to resolve the question of citizenship for newly freed slaves. Following the Civil War, some in the South insisted that states had the right to deny citizenship to freedmen. In support, they cited 1857’s disgraceful Dred Scott v. Sandford decision, which held that no black American could ever be a citizen of the United States.
A constitutional amendment was thus necessary to overturn Dred Scott and to define the precise meaning of American citizenship.
That definition is the amendment’s very first sentence: “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.”
The amendment clarified for the first time that federal citizenship precedes and supersedes its state-level counterpart. No state has the power to deny citizenship, hence none may dispossess freed slaves.
Second, it specifies two criteria for American citizenship: Birth or naturalization (i.e., lawful immigration), and being subject to U.S. jurisdiction. We know what the framers of the amendment meant by the latter because they told us. Sen. Lyman Trumbull of Illinois, a principal figure in drafting the amendment, defined "subject to the jurisdiction" as "not owing allegiance to anybody else," that is, to no other country or tribe. Sen. Jacob Howard of Michigan, a sponsor of the clause, further clarified that the amendment explicitly excludes from citizenship "persons born in the United States who are foreigners, aliens, [or] who belong to the families of ambassadors or foreign ministers."
Yet for decades, U.S. officials - led by immigration enthusiasts in and out of government - have acted as though "subject to the jurisdiction" simply means "subject to American law." That is true of any tourist who comes here. The framers of the 14th Amendment added the jurisdiction clause precisely to distinguish between people to whom the United States owes citizenship and those to whom it does not. Freed slaves definitely qualified. The children of immigrants who came here illegally clearly don't.
Practically, birthright citizenship is, as Erler put it, "a great magnet for illegal immigration." This magnet attracts not just millions of the world's poor but also increasingly affluent immigrants. "Maternity hotels" for pregnant Chinese tourists advertise openly in Southern California and elsewhere. Fly to the United States to have your baby, and its silly government will give him or her American citizenship!
It is no wonder that citizens of other countries take advantage of our foolishness. Life is still better here than almost anywhere else, including rising China and relatively prosperous Mexico. The wonder is that we Americans continue to allow our laws to be flouted and our citizenship debased.
The problem can be fixed easily. Congress could clarify legislatively that the children of noncitizens are not subject to the jurisdiction of the United States, and thus not citizens under the 14th Amendment. But given the open-borders enthusiasm of congressional leaders of both parties, that's unlikely.
It falls, then, to Trump. An executive order could specify to federal agencies that the children of noncitizens are not citizens. Such an order would, of course, immediately be challenged in the courts. But officers in all three branches of government - the president no less than judges - take similar oaths to defend the Constitution. Why shouldn't the president act to defend the clear meaning of the 14th Amendment?
Judges faithful to their oaths will have no choice but to agree with him. Birthright citizenship was a mistake whose time has gone.
Read more at
http://www.jewishworldreview.com/0718/anton071918.php3#I3b39TYkjGae2KbX.99
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https://www.scmp.com/magazines/post...nese-birth-tourism-pregnant-women-californias
In 2011, journalist and writer Vanessa Hua was living in Claremont, California, pregnant with twins, when she heard about a local phenomenon. Throughout southern California, dozens of pregnant Chinese women, bellies heavy with imminent babies, were living together in shared homes.
The women were both boarders and patients in what were called “maternity hotels”– American houses where women from Taiwan and the mainland resided, typically from their sixth month of pregnancy until giving birth. The reason? So that they could deliver their children on United States soil, giving their precious progeny American citizenship.
Why ‘birth tourism’ from China persists, despite US crackdown
The empire-waisted silhouettes and heaving, swollen breasts of these women hardly went unnoticed. “Neighbours were asking why so many expectant Chinese women were coming and going into suburban homes,” Hua recalls from news accounts. “It sounded like a brothel in reverse.”
Video:
https://www.c-span.org/video/?326058-5/washington-journal-susan-berfield-tourist-baby-boom
No one knows how many maternity hotels there are in the US, as most operate covertly. However, according to the
BusinessWeek story, the
Center for Immigration Studies estimates that in 2012 there could have been as many as 36,000 birth tourists from around the world. At least one maternity hotel has advertised its services for US$30,000 (gold package) to US$60,000 (premium package, which includes the “mother’s visa, the baby’s passport, round-trip airfare, a two-bedroom apartment, a hospital room with a view of the ocean, a nanny and a seminar on buying property in the US”, writes
BusinessWeek). And many of the administrators, doctors and medics work with the birth tourists on a cash-only basis, creating a vexing black hole for US agencies such as the Internal Revenue Service. Indeed, Homeland Security officials were investigating the owners of USA Happy Baby for suspected tax evasion, money laundering and tax fraud.
