Mexican gov't slams Arizona immigration law

[Solus]

So, parents being here legally to be considered a citizen if born here is not at all out of the question with current law

[fightingquaker13]

So, parents being here legally to be considered a citizen if born here is not at all out of the question with current law

It is, and has been for 132 years of very settled law. There were two, now one exceptions to this. Indians weren't considered citizens. The Court ruled in Black Elk that Indians were members of "Dependent Domestic Nations" and therefore not subject to US soveriegnty. A load of crap, but the law. The second exception, still valid is if the mother has diplomatic immunity and is traveling under a current grant of extraterritoriality (or words to that effect). The idea is if the French ammbadors wife gives birth, the spawn isn't an American since she was, for legal purposes never on US soil. However, if her Au'pair, traveling without a diplomatic passport, got knocked up by the French Ammbassador and gave birth here, her kid would be a US citizen as she was subject to US law. This is the key difference. An illegal is still subject to our laws. Therefore, they qualify for birth citizenship under the 14th.
FQ13

[Solus]

It is, andhas been for 132 years of very settled law. There were two, now one exceptions to this. Indians weren't considered citizens. The Court ruled in Black Elk that Indians were members of "Dependent Domestic Nations" and therefore not subject to US soveriegnty. A load of crap, but the law. The second exception, still valid is if the mother hs diplomatic immunity ans traveling under a current grant of extraterritoriality (or words to that effect). The idea is if the French ammbadors wife gives birth, the spawn isn't an American since she was, for legal purposes never on US soil. However, if her Aupair, traveling without a diplomatic passport, got knocked up by the French ammbassador and gave birth here, her kid would be a US citizen as she was subject to US law. This is the key difference. An illegal is still subject to our laws. Therefore, they qualify for birth citizenship under the 14th.
FQ13

Now that is ironic.

The current stink the illegals are throwing is because AZ wants to enforce US Immigration laws that apply to them.

[Timothy]

As I understand it, illegal immigrants are not granted rights by the Constitution, period!

[Solus]

As I understand it, illegal immigrants are not granted rights by the Constitution, period!

Our Constitution does not grant rights, only protects those endowed to us by our Creator.

[Sponsor]

[fightingquaker13]

As I understand it, illegal immigrants are not granted rights by the Constitution, period!

Everyone on US soil gets those rights. Its why we keep Al Queda in Gitmo, not Fort Leavenworth.
FQ13

[twyacht]

there are three legal ways in which a person can become a full-fledged American citizen: naturalization, jus soli (right of birthplace), and jus sanguinis (right of blood).

That's it,....NO gray area.....

Ranchers aren't obligated to provide water to ILLEGALS that cross his/her land either.

Everyone on US soil gets those rights. Its why we keep Al Queda in Gitmo, not Fort Leavenworth.
FQ13

Wrong. Somehow the wetfoot/dryfoot only applies to Cubans, NOT anyone else FQ.  The rest get, or should get DEPORTED.

Gitmo is for "enemy combatants" not illegals.

[Timothy]

U.S. Citizenship by Birth or Through Parents
--------------------------------------------------------------------------------

U.S. citizenship can be obtained in one of four ways:

birth in the United States or its territories
birth to U.S. citizen parents (called "acquisition" of citizenship)
naturalization (obtaining citizenship after an application and exam), or
naturalization of one's parents (called "derivation" of citizenship).
Some people are already U.S. citizens and don't know it. Most of these people fall into one of three groups:

People born in the United States who have lived most of their lives in other countries. If you fall into this category, you may mistakenly believe that your long absence from the country, plus voting or military activities elsewhere, have stripped you of U.S. citizenship. This is not the case.

People who have U.S. citizens in their direct line of ancestry. If your parents or grandparents were U.S. citizens, you may not realize that U.S. citizenship has been passed down the line, even if you were born elsewhere and your parents or grandparents haven't lived in the United States for a long time.

Children of naturalized U.S. citizens. When parents become naturalized U.S. citizens, their minor children with green cards gain U.S. citizenship automatically. (Children under the age of 18 cannot normally apply to become naturalized U.S. citizens.)

You will, however, need to do some research to establish your rights. Here, we'll explore each of the above three possibilities in turn.

Birth in the United States
A child born on American soil automatically gets U.S. citizenship, unless the child is born to a foreign government official who is in the United States as a recognized diplomat. Children born in certain U.S. territories -- Puerto Rico, the Virgin Islands, and Guam -- may also acquire U.S. citizenship. For details, see Title 8 of the U.S. Code, available at www.law.cornell.edu/uscode/html/uscode08.

Anyone born with U.S. citizenship retains it for life unless he or she deliberately gives it up -- for example, by filing an oath of renunciation.

Birth to U.S. Citizen Parents ("Acquisition")
In many circumstances, even though a child is born outside the United States, if at least one parent was a U.S. citizen at the time of the child's birth, the child automatically "acquires" citizenship. When this child marries and has children, those children may also acquire U.S. citizenship at birth.

The laws governing whether or not a child born outside of the United States acquires U.S. citizenship from parents have changed several times. You'll need to look at the law that was in effect on the date of the child's birth (and the parents' birth, if grandparents were U.S. citizens) for guidance. These laws differ for the following time periods:

prior to May 24, 1934
May 25, 1934 to January 12, 1941
January 13, 1941 to December 23, 1952
December 24, 1952 to November 13, 1986, and
November 14, 1986 to present.
To read about the law that was in effect at the time of your birth, see U.S. Immigration Made Easy, by Ilona Bray (Nolo).

Naturalization of Parents ("Derivation")
When a parent naturalizes, his or her children may "derive" U.S. citizenship automatically, provided they have green cards and are under age 18 and living with the parent at the time. Becoming a U.S. citizen in this way has a special benefit: A child who gets U.S. citizenship through the naturalization of either or both parents does not have to participate in a naturalization ceremony.

The laws on the automatic naturalization of children have varied over the years. Whether or not you are a U.S. citizen is determined by the laws that existed when your parent's naturalization took place. These laws differ for the following time periods:

parents who naturalized before May 24, 1934
parents who naturalized between May 24, 1934 and January 12, 1941
parents who naturalized between January 13, 1941 and December 23, 1952
parents who naturalized between December 24, 1952 and October 4, 1978
parents who naturalized between October 5, 1978 and February 26, 2001, and
parents who naturalized between February 27, 2001 and the present.
To read about what law was in effect at the time of your parents' naturalization, see U.S. Immigration Made Easy, by Ilona Bray (Nolo).

Proving Your U.S. Citizenship

If you have a claim to U.S. citizenship based on one of the laws discussed in this article, you should acquire a passport or other document to prove it.

[Timothy]

We have a town here called Milford, a small city really, population of about 25K...  A few years ago, the mayor of Milford put out an edict to the PD that basically gave them license to harrass the local illegal population, arrest them for even the most minor violations and proceed to process them for deportation.  I believe that the nanny state got the practice stopped but not before he rid the city of most of the lazy illegals hanging around causing problems.

They were granted NO DUE PROCESS!  Prove you're a citizen or get deported.....I still believe that non-citizens are not covered under the constitution.

[crusader rabbit]

We have a town here called Milford, a small city really, population of about 25K...  A few years ago, the mayor of Milford put out an edict to the PD that basically gave them license to harrass the local illegal population, arrest them for even the most minor violations and proceed to process them for deportation.  I believe that the nanny state got the practice stopped but not before he rid the city of most of the lazy illegals hanging around causing problems.

They were granted NO DUE PROCESS!  Prove you're a citizen or get deported.....I still believe that non-citizens are not covered under the constitution.

I would love to confirm the accuracy of this statement, but it just ain't so.  We extend constitutional rights to anyone on our soil.  It's not right.  But that's the way it is.  We SHOULD deport the bastards.  But we don't.  It's time to return America to Ameicans. AZ may be leading the way.  Thank God for Joe Arpaio and the AZ legislature.

Crusader