PRIVATE INVESTIGATOR EXPERIENCE: Episode 117

This post dives into the question, Is everyone born in U.S. a citizen even they are illegal. Does the 14th Admendment give citizenship to everyone born in U.S. I did a deep dive investigation and learned what I have been told all my life isn't true. I never qeustioned what seemed to be fact, but it isn't. Perhaps you are in the same place. Check it out and let me know what you think. Thank you for liking, sharing, subscribing and hit the notification bell for future post. 

Transcript

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Thank you for joining me today on the Private Investigator Experience Podcast. I'm your host, Phil Little. On this channel, we talk about the life and cases of a pi, and I look also at events nationally and globally that can affect us here in our communities. I conduct all my investigations through the lens of my military law enforcement, diligence service, and global security background. And I add just a bunch of my biblical worldview. Today is my deep dive investigation into a question that I've been asked. Uh, what's this about? Birthright, citizenship. And, you know, I think I'm probably. Like, uh, most Americans, after doing a deep dive into this question, I found that I really had been kind of duped all my life. I've always heard that it's gives citizenship to everyone no matter who, what would aware, but is this what the Constitution really says? Let's check out the facts, the text to the 14th Amendment. All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States. And the state where they reside. When, when I was doing the investigation on this, I looked hundreds of, of documents and opinions and thoughts and so many of the people that were, uh, supporting birthright citizenship for everyone they forgot to, we, uh, leave out that part of the 14th amendment and they left it out, uh, subject to the jurisdiction thereof. So that's got me. Two, digging deeper. Well, why was the 14th Amendment established? The purpose was of, uh, this, the dread Scott decision in 1857, granted citizenship, to freed the slaves of post civil war? Well, what is the debate about them? It's about jurisdiction. Does it in exclude children of non-permanent residents? Now let's, uh, refresh your memory a little bit and look back. This clause was primarily intended to overturn the Supreme Court's Dred Scott versus Sanford 1857 decision, which denied citizenship to Blackborn Americans in the us. Then this 14th amendment was to ensure citizenship for freed slaves. The phrase subject to the jurisdiction thereof, that is a key qualifier for birthright, citizenship, Sole, or right of the soil. It means that not every person board on us soil automatically becomes a citizen. Only those who are fully subject to US laws and owing allegiance to the United States. Well, what does in this subject to the jurisdiction thereof mean? The framer's original intent requires full allegiance and obedience to US laws, not just physical presence. A quote from the framer of this amendment, Senator Howard 1866. This will not of course include persons born to the United States who are foreigners, aliens who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person while there wants a citizen citizenship status of the children of illegal aliens. That question has spurred quite a debate over the last years. And several years ago, several states, including Pennsylvania, Arizona, Oklahoma, Georgia, South Carolina, were thinking about efforts to deny automatic citizenship to such children. Critics claim that any one born in the United States is automatically a US citizen, even if their parents are here illegally. That the text and the legislative history of the 14th Amendment, which was ratified in 1868, again to extend citizenship to freed slaves and their children. The 14th Amendment does not say All persons born in the US are citizens. It says that all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens. Critical additional phrase is con, conveniently ignored or misinterpreted by advocates of birthright citizenship. Critics, a erroneously believe that anyone present in the United States has subjected themselves to the jurisdiction of the United States, which would extend citizenship to the children of tourists, diplomats, and illegal aliens alike. But that is not what qualified, uh, means. Its original meaning refers to the political regions of an individual and the jurisdiction that a foreign government has over that individual. The. The fact that a tourist or illegal alien is subject to our laws and our courts, if they violate our laws, that does not place them within the political jurisdiction of the United States as that phrase was defined by the the framers of the 14th Amendment. This amendment's language was derived from the 1866 Civil Rights Act, which provided that all persons born in the United States and not subject to any foreign power would be considered citizens. Senator Layman Thumball, a key figure in the adoption of the 14th Amendment said that subject to the jurisdiction of the US included. Not owing allegiance to any other country, as John Eastman, former Dean of the Chapman School of Law said, do not seem to understand the distinction between partial territorial jurisdiction, which subjects all who are present within the territory of a sovereign uh, nation to be the, uh, to the jurisdiction of that sovereign's laws and complete a political jurisdiction. Which requires allegiance and a sovereignty as well. In the famous slaughterhouse cases of 1872, the Supreme Court stated that disqualifying phrase was intended to exclude children of ministers, councils, citizens, or subjects of foreign states born within the United States. This was confirmed. In another, uh, case, elk versus Wilkins, when citizenship was denied to an American Indian because he vowed immediate allegiance to his tribe, not to the United States, American Indians and their children did not become citizens until Congress passed the Indian Citizen Citizenship Act of 1924. Now, think about this. Lean in here. There would have been no need to pass such legislation if the 14th Amendment extended citizenship to every person born in America, no matter what the circumstances of their birth had no one, no matter who their parents were, even in US versus Wong Kim Ark. The 1898 case most often cited by birthright supporters due to its overbroad language. The court only held that a child born of lawful permanent residents was a US citizen. This is a far cry from saying that a child born of individuals who are here illegally must be considered a US citizen. Of course the judges in that case were strongly influenced by the fact that there were dis discriminatory laws in place at that time, that restricted Chinese immigration situation that does not exist today. The court's interpretation of the 14th Amendment. As extended to the children of legal non-citizens was incorrect according to the text and legislative history of the amendment. But even under that holding citizenship was not extended to the children of illegal aliens, only permanent legal residents. It is just plain wrong to claim that the children born of parents temporarily in the country as students or tourists are automatically US citizens. They do not meet the 14 amendments jurisdictional allegiance obligations. Now listen to this. They are in fact subject to the political jurisdiction and allegiance to the country of their parents. The same applies to the children of illegal aliens because children born in the United States to foreign citizens are citizens of their private home country. Federal law offers them no help either US Immigration Law eight USC 1401 simply repeats the language of the 14th Amendment, including the phrase subject to the jurisdiction thereof. Excuse me, accordingly. Birthright citizenship has become, uh, and been implemented by Executive Fiat according to a lot of scholars, not because it is required by federal law or constitution. We are only one of a very small number of countries that provides birthright citizenship, and we do so based not but the requirements of the federal law or the constitution. But based upon erroneous executive interpretations, Congress should clarify the law according to the original meeting on the 14th Amendment, in reverse this practice. Now, I hope this gives you some pause for thought and also encourages you to start looking and digging into what the Constitution really said, what the framers really meant. When they, uh, enacted this 14th amendment. You know, it's interesting. I, as we look back in history, I look back at my own childhood of growing up and going to school of, first thing I remember hearing about citizenship was that anybody born in the US was a citizen. I took it as fact. I never checked into it. I never, I never really came up and it wasn't an issue back 30, 40, 50 years ago like it is today when we've been overrun by 20 plus million, uh, illegals in the last four years. I didn't really deal with this area of, the tourist, law. Or the baby traps that have been set up where people in foreign countries will take people who want to come to the United States and they handle it for basic, it's like a, it's like a travel service, and they set up all of the. Uh, details bring the people here. Uh, they have the d birth of the baby and they leave the country with a passport, the birth certificate, um, showing that that child is a us uh, citizen. That should be, uh, against the law. I taken, it's some way it has to be, but we need look at this for, we've allowed this practice. Hurt our country and it needs to be changed and fixed. Would you, uh, like share, subscribe. You know, the drill, hit the notification bell for future posts. What do you think about this? Look me your comment. What's your opinion? Check it out. Uh, I didn't really know. I'd heard some comments about this, some speakers, uh, talking about it generally, but when I got into it and starting to get into it, I was surprised. Uh, so let me know. Leave your comments on any of the platforms or email me directly at p little pi777@gmail.com. And if you might have a situation in your family or business and you wonder, could a PI help me with this problem I have. Send me a summary of that and I'll let you know if a PI could help and how it might work. Send that to Pi little pi77@gmail.com. Well for the end of the year, this is probably my, uh, last post perhaps, uh, looking at these issues. Thank you for your support in the last two and a half years as we approach 120 posts, and I pray that God will bless you and your family during this holiday season, and you will feel the peace and the joy of what the Christmas season really means too. Two plus billion or more Christians around the world, so may God bless you, your family, and may God bless America. See you next time.