by Dr. Orly Taitz, ESQ
On Oct 30, 2018 President Trump announced that he will issue an executive order to end birthright citizenship. He states that he can do it by executive action and he might be right.
The 14th 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.”
Now, an important point in it is the fact that people, who are foreign citizens, are subject to the jurisdiction of their own nations, not US. Their children automatically inherit the citizenship of the countries of their parents, not US, and they automatically are under the jurisdiction of those foreign nations.
One wrinkle is a decision of the Supreme Court over 100 year ago.
A 1898 Supreme Court decision held that Wong Kim Ark, who was born in San Francisco to Chinese parents residing in the United States, was a citizen because of his birth on American soil.
There can be 2 rebuttals to Wong Kim Ark.
1.Wong Kim Ark’s parents were legal residents, the ruling should not be read as an affirmation of the status of children of undocumented immigrants.
2. The Supreme Court might disavow, overturn this precedent as it was
done by overturning 1857 decision in Dred Scott v Sandford. Supreme
Court might decide that the decision in Wong Kim Ark needs to be
clarified in that a child follows the legal immigration status of his
parents. If the parents are legal residents, the child gets status of a
legal resident, if the parent is a foreign citizen illegally residing in
the US, the child is a foreign resident illegally residing in the US. Supreme Court might decide that this clarification is needed as
birthright citizenship is a magnet that led to an invasion of millions
of illegal aliens with the hope of having anchor babies.
According to the US government we have 12 million illegals. According to the Center for immigration studies and the former ambassador of Mexico, we have over 30 million illegals, which is an enormous burden on our welfare system and which causes wages to stagnate.