Illegal Alien, Hid in Church for Year, is Deported, Finally (user search)
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  Illegal Alien, Hid in Church for Year, is Deported, Finally (search mode)
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Author Topic: Illegal Alien, Hid in Church for Year, is Deported, Finally  (Read 5288 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: August 20, 2007, 03:05:51 PM »

Children of illegal aliens should not automatically receive citizenship.  Saul Arellano, as the child of an illegal immigrant was not "born ...  in the United States, and subject to the jurisdiction thereof," so there is no Constitutional requirement that he be treated as such, purely a legislative one.  Purely for humanitarian concerns, I could see granting such as he status as United States nationals, not citizens, if their parent(s) should happen to avoid deportation before they reach age ten or so.

However, while Saul should not have received citizenship status, he has, and as such I can see some justice in his mother Elvira's desire to stay with him in the United States.

The solution therefore is obvious.

1) Change the law to avoid making future Sauls.
2) Grant existing Elviras resident alien status until their citizen children reach age twenty-one.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: August 20, 2007, 11:52:57 PM »

Good idea - but CLEARLY unconstitutional - you'd  have to make an amendment editing the definition of a citizen - and it'd never pass - b/c then the gov't could easily just control citizenship to whatever pleases them for their good.

Not really, as the relevant clause in the 14th Amendment is "born ...  in the United States, and subject to the jurisdiction thereof,"  An illegal immigrant or a tourist does not fall within the latter half of the requirement.  On the other hand, the child of a legal immigrant does, even if they never attain citizenship themselves.
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True Federalist (진정한 연방 주의자)
Ernest
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Posts: 42,156
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« Reply #2 on: August 26, 2007, 07:04:32 PM »

I'm not too sure what they think gives them the right to remove someone from a Catholic Church.  If I were the Pope I would be livid... Bush's phone would be ringing off the hook.

But she wasn't in the church, she came outside to give a press conference and ended giving the reporters more of a story that she'd intended.  Oops!  In any case, even if one recognizes the right of churches to unilaterally grant sanctuary, Elvira didn't even attempt to claim political asylum status.  She was a purely economic migrant.  Although I suppose if one really wanted to stretch things beyond their proper shape, she could have claimed that she was being persecuted in the United States and gone to Mexico to seek asylum status there.
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