Birthright Citizenship and Anchor Babies: 14th Amendment and a Writ of Certiorari

A Case for Abolishing the Birthright Citizenship Loophole

Birthright Citizenship and Anchor Babies: 14th Amendment and a Writ of Certiorari

An Open Letter to Attorney General Jeff Sessions

RE: Request for the U.S. Department of Justice to Consider Filing a Writ of Certiorari to the Judiciary in Petition to Abolish Anchor Baby Citizenship

Dear Attorney General Sessions:

U.S. Citizenship is granted either by birth on U.S. soil, naturalization, or through parentage. Individuals born outside the United States to at least one parent who is a U.S. citizen inherits citizenship by descent. Their birth is registered at a U.S. Consulate or Embassy abroad as an American citizen born on foreign soil. Naturalized citizens are those who were foreign citizens who applied for and granted a Green Card to immigrate. Green Card holders or Permanent Resident Aliens are eligible to apply for naturalization after five years of residence within the United States. If approved for naturalization, Green Card holders take an oath to citizenship in a naturalization ceremony and receive a certificate of citizenship. Native-born citizens are people whose birthplace is within the United States. However, birthplace citizenship is not always a given despite being born on U.S. soil. Foreign diplomats who have children while in the U.S. are not eligible to obtain U.S. citizenship for their American-born kids. Why? The 14th Amendment. Foreign diplomats are not subject to the jurisdiction of the United States, have diplomatic immunity, which invalidates a birthright citizenship claim for their children who have American birthplaces.

In the case of parents who are in the United States on a valid tourist, work, or student visa, their American born children are eligible for birthright citizenship. Why? Unlike diplomats, these parents are subject to the jurisdiction of the United States. Visa holders who commit a crime while in the United States can be arrested and prosecuted. Diplomats cannot be detained or charged if they commit a crime, even if caught during the commission of a crime in the United States. That is what subject to jurisdiction means, do American laws apply to you, and it is determined by one's immigration status. Visa holders immigration status at the time of birth of any offspring are lawfully present in the country without immunity from prosecution or arrest. They have to abide by U.S. laws for the duration of their stay. If not, Visa holders who break the law and are arrested often lose their right to be in the country. Such individuals become subject to removal from the United States.

Ironically, birthright citizenship is based on jurisdictional authority. In the anchor baby citizenship debate, an argument exists for excluding children born in the U.S. to Illegal alien parents. Illegal aliens hold no valid lawful presence in the U.S. They do not have the permission of the U.S. government to be in the country. The fact is, illegal aliens have no legal right to be within U.S. borders. Illegal alien nationals are unauthorized occupants of the country whose presence constitutes a federal crime. Illegals do not possess an absolute right to due process and they are subject of and subject to the laws of their country of citizenship. Consequently, any child they give birth to while in the United States, is not subject to the jurisdiction of the U.S. and as a result, have no lawful eligibility for citizenship.

Birthright citizenship is not universal among all nations. Countries like Norway and Germany have citizenship laws that grant it "by right of blood" or "in blood only". Translation, citizenship is by bloodline, or more specifically, through ethnic phenotype DNA confirmation. On a side note, the notion that race is a social construct is theory. Quantitative differences and genetic specifications exist uniquely among various phenotype populations. As a "Mongoloid", my myopia reflects the higher rate of the condition occurring in ethnic Asians compared to European Caucasian because of physical characteristics of the eyeball and retina. The point is, it's not necessarily racist for a sovereign nation to only allow citizenship by bloodline. Ultimately, it is a country's right to determine who is granted the privilege of citizenship.

Citizenship is not a right.

USCIS policy states that the child of a foreign diplomatic officer accredited by the U.S. Department of State who is born in the U.S does not acquire birthright citizenship under the 14th Amendment but may voluntarily register for permanent residence. Birthright citizenship is not guaranteed in the U.S. Constitution. Rather, those born on U.S. soil must be subject to the jurisdiction of the United States in order to acquire U.S citizenship.

Unlike children of accredited foreign diplomats or those whose parents held a valid Visa to be in the U.S. at the time of their birth, anchor babies are born to parents without lawful presence if both parents are illegal alien nationals at the time of birth. Illegal aliens are not owed due process and have no right to freely enter the country. Illegal aliens commit a federal crime prior to the birth of their child in the U.S. Their actions preceding the birth of their child, therefore, may be deemed an act of obtaining residency by fraud. Most, if not all, illegals are aware of citizenship by birth on U.S. soil. Subsequently, their child is material evidence of U.S. citizenship by fraud and must be subject to immediate denaturalization. The abuse of the Immigration and Naturalization Act through the loophole of having anchor babies is a threat to border security. It makes a mockery of our laws. Furthermore, foreign nationals who are beyond three months pregnant and on tourist Visas should be required to sign a waiver of citizenship claim should they give birth in the U.S. as a requirement to obtain a tourist visa.

Please consider filing a Writ of Certiorari to close this loophole and all other incentives for illegal aliens to abuse our laws.



P.S. Thanks for directing U.S. Attorneys and Officers of the Court to use the legal and rightful definition of Illegal Alien National (1965 Immigration and Naturalization Act) to define such individuals. As a legal immigrant who was granted the privilege of coming to the U.S. and later became a citizen, illegal alien nationals are insulting us who followed the law by fraudulently calling themselves "undocumented" immigrants. No Green Card, not an immigrant.

Lourdes Josephina  Vitas
Lourdes Josephina Vitas
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Lourdes Josephina Vitas

LEGAL IMMIGRANT and Naturalized Citizen in California. Constitutional Rights fan and Conservative. Rocky Mountain kid now living on Barbary Coast while missing East Coast ways. Need Sanctuary from Sanctuary Cities and Snowflakes. Bookworm.

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