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by Senobia T.
Member since:
July 29, 2006

Immigration Advocates File Lawsuit On Behalf of US Born Kids

October 06, 2006 03:44 PM EDT
views: 227 | comments: 168

A group of immigration advocates filed a lawsuit against the US government recently regarding the constitutional rights of the US born children of undocumented immigrants being violate by constantly having to life in fear of persecution and being separated from their families.

I am very, very glad this is happening. It touches my heart to see someone standing up for these darlings and validating their concerns and their inner turmoils. I hope this lawsuit sets a precedent that immigration advocates around the country will follow.

These kids are our future - no matter how much some of us refuse to realize that. They need to know that they matter to someone. And apparently - they do.

That constant, anguished uncertainty is the basis of a class-action lawsuit filed in federal court Wednesday on behalf of Escobar and dozens of other U.S.-born children of undocumented immigrants.

The lawsuit, filed by a coalition of local immigrant advocacy groups, argues that the constitutional rights of those young citizens are being violated by their families' precarious status, and that deportations of the parents of U.S. citizen children should stop until Congress passes comprehensive immigration reform.

''When the government deports the parents, they tell the citizen children that they can go back with their parents, or stay and be wards of the state, and that's not a choice,'' said Alfonso Oviedo.

http://www.contracostatimes.com/mld/miamiherald/news/local/15681269.htm?source=rss&channel=miamiherald_local

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Comments: 168

Jackie Beltran Oct 6, 2006, 3:50pm EDT
Who are the immigrant advocate organizations and what kind of help do they need?
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Nanci B Oct 6, 2006, 3:51pm EDT
It is the responsibility of the parents to protect their children from harm, yet they are the ones who placed their children in jeopardy by refusing to obey the laws of their chosen country. The better solution would be to remove the children from the parents that cause such damage to the children. It is not the fault of the government that the children were born to criminals.
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Barbara B. Oct 6, 2006, 3:51pm EDT
What's sad about the whole thing is their parents are using these kids as pawns to get what they want. If a mother is illegal, then so should the child be illegal. I'm sorry, but people like that, we don't need in this country. Let them come in legally and then, and only then, will they earn my respect.
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Senobia T. Oct 6, 2006, 3:57pm EDT
Jackie..I don't know. I just read this as a feed entry on a blog I frequent. He works for the Miami Herald, tho. Maybe he knows?
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Richard Garcia Oct 6, 2006, 3:59pm EDT
Barbara, do you like me? My mother WAS illegal alien but now she is LEGAL. I borned in Dallas, Texas. Do you have any respect for the baby or myself? That what you said.
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Senobia T. Oct 6, 2006, 4:05pm EDT
Oh, they address that, too. It's in the lawsuit.
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David T. Oct 6, 2006, 4:31pm EDT
When parents commit crimes and are sent to jail the children Become wards of the state. They enter the foster care system and some do fine. The notion that the USA is responsible for the ileagl imigrant problem totally ignores the fact that a huge number of the Ilegal imigrants come here to escape the conditions in their own country.
11 million people could make a huge difference in the conditions of a nation. Look up Ellis Island and you will see that for many years there was a place for people to legally enter the country. The imigration now it is just as easy as going to the local library or getting on the computer at a friend's house. Here is a link.

http://www.us-immigration.com/information/citizenship_tutorial/index.html
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Senobia T. Oct 6, 2006, 4:35pm EDT
The imigration now it is just as easy as going to the local library or getting on the computer at a friend's house. Here is a link.

Excuse you?

So you mean that while you're out finding a computer to get on, you solicit people to petition for you, too? It's THAT easy?
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David T. Oct 6, 2006, 6:43pm EDT
Debbie we did not break the law, I don't know what you are alluding to but if anything we neglected to enforce the law which is not a criminal act but a civil matter. Should we have enforced the laws with deadly force.

Senonia T. Each person who is here illegally has the freedom to make a choice. (until they are caught) that choice is to apply for citizenship or pack up the kids and take them home.
Laws are measured by many standards. One standard is a measure if the law is arbitrary, does it treat all similarly situated people the same. Similarly situated people could include a group or a class within a group.
Let's consider the group Illegal aliens, included in that group are the sub-groups Single people, married couples without children, married couple with children, unmarried with children and orphaned children. Of course there is no doubt that orphaned children should be treated as a separate group. Special laws should be written for them and automatic citizenship is a reasonable answer.
The big dilemma is how do you construct a law that treats all the other subgroups fairly. A man who has no wife and child is arguably indistinguishable from any other man. If you place these two types of men in a room there would be no way to distinguish between them. Would you then need to distinguish between the natural father of a child and an adopted child? Are you getting the picture? It's far too complex to just throw a few sentences on the books.
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Brenda M Oct 6, 2006, 6:52pm EDT
The illegal mothers should have a choice---take the children with them or let them stay here with a legal relative or friend. They knew that they were here illegally when they had the children, they are illegal now.
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Jackie Beltran Oct 6, 2006, 7:05pm EDT
The parents broke a civil law - and were never caught.

What happens, David, when one breaks a civil law ten years ago and they are never caught? What is the statute of limitations on civil misdemeanors?

Do you know? Does anyone?

You treat them like 10th class citizens, you separate them from their children and you feel powerful exclaiming your right to do so.

Do you think this makes us "one nation under God?" Do you think the moral fabric of this nation is based upon that class of belief?

Everyone here is responsible - I don't care how you cut it. We aren't to be excused and neither are they.

The only solution is to find a middle place - where no one is thrilled but everyone can live with the consequences of their actions.

I don't think everyday citizens in this country would ever agree to stripping a U.S. Citizen child from their parents - Do you?
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Brenda M Oct 6, 2006, 7:10pm EDT
Jackie:

Actually, there have been polls. I believe that at least 67% of US citizens said that they do not feel that "anchor kids" should prevent the parents from being deported. Illegally invading the country of another is NOT a civil misdemeanor. They don't have to leave their kids here, they have the choice to take them along. Therefore, nobody is separating them from their children.
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Nuck Chorris Oct 6, 2006, 7:39pm EDT
Jackie take BTK for instance he commited 10 murders more than ten years ago and we still persued him in a near endless search. so if somone breaks the law and isn't caught until afterwards the are still just as liable for those crimes.
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Nuck Chorris Oct 6, 2006, 7:44pm EDT
Debbie Morals do not say what happens to illegal immigrants but the constitution specifically states what we do with them and their children or actually what "they" choose to do with their children.
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Nuck Chorris Oct 6, 2006, 7:49pm EDT
Sorry i meant Federal Law not Constitutional Law
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Arthur P. Oct 6, 2006, 7:51pm EDT
Jackie - these people are not 10th class citizens. They are zero class citiaens.

The middle ground is already defined in law. The only thing being discussed in Congress is the guest worker program and possible path to citizenship. AB can be eliminated at the stroke of a pen. I believe the intent of the birth of child by foreigner is understood by most. Birth of child by an unlawful entrant should not be covered by this law. Morality has nothing to do with it.
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Arthur P. Oct 6, 2006, 7:54pm EDT
oops - .....birth by foreigner LAW is....
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David T. Oct 6, 2006, 7:54pm EDT
There are moral implications to what ever law is passed but the law must be clear so it can be applied in an impartial mannor.

The laws allready exist and it is a little obsurd that we sould consider changing them.
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Brenda M Oct 6, 2006, 8:23pm EDT
I saw this response on another site in regard to the question....What about the children of illegals......

Very often we hear those discussing illegal immigration say, "What about their American-born children? What will happen to them if their parents are deported?" Simple. If there are no legal relatives here who can look after them, the kids go back with the parents.

Now, some would think that a cruel thing to do. Tell me, is it any more "cruel" than making American-born children leave this country with their American parents? Well, it happens ALL THE TIME in the U.S. Military.

When the parents who are military members are sent overseas for extended tours of duty, in most cases, the entire family (under the age of 18) goes with them. Often these children aren't crazy about moving away from everything they've known. But the government has requested the parent(s) move so the family moves too. Do you ever hear these stories on the news of military families being "forced" to go to strange lands where they're not familiar with the customs? No, you don't and you shouldn't.

So the next time you here a "What about the legal children of illegals?" argument. Answer with this question: Do illegals immigrants' kids deserve better treatment than the children of parents who defend this country?
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Nuck Chorris Oct 6, 2006, 8:26pm EDT
great point
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Senobia T. Oct 6, 2006, 8:35pm EDT
Samn BS over and over again.

It's not even worth it to explain it time and time again.

Suffice it to say this lawsuit is going forward whether or not you think that it should and that's that.
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David T. Oct 6, 2006, 8:42pm EDT
Senobia good point that is what the courts are for. Once a law suit has been filed it doesn't matter what any of us think
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Brenda M Oct 6, 2006, 9:07pm EDT
Yep, the lawsuit will go forward. However, I suspect the judge is going to rule the same as when Elvira filed the suit on her own---the child's constitutional rights are not being violated if the "ILLEGAL" parent is deported. The child is not forced to stay here without the parents, the parents can take the child with them.

US citizens will not stand for any other ruling without a fight!!!
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Brenda M Oct 6, 2006, 9:11pm EDT
What else will be great about the class action suit---ICE and the courts will have the names/addresses of other illegal mothers!!!

Goodbye Elvira and friends.....Have a nice trip back to Mexico!!!
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Senobia T. Oct 6, 2006, 9:24pm EDT
You're right about what the US citizens won't stand for..and that's being treated like shit. And the US citizens in question are the CHILDREN of these immigrants - which are just as protected under US law as you are.
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Nuck Chorris Oct 6, 2006, 9:36pm EDT
Debbie if the child isnt capable of amking the choice the parent has to thats what we are saying
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Nuck Chorris Oct 6, 2006, 9:37pm EDT
Making*
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Nuck Chorris Oct 6, 2006, 9:45pm EDT
The Child Citizenship Act of 2000 is a United States federal law that allows certain foreign-born, biological and adopted children of United States citizens to acquire U.S. citizenship automatically. These children did not acquire U.S. citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents.

The child must have at least one U.S. citizen parent by birth or naturalization; be under 18 years of age; live in the legal and physical custody of the U.S. citizen parent; and be admitted as an immigrant for lawful permanent residence. In addition, if the child is adopted, the adoption must be full and final.

The effective date of the Child Citizenship Act is February 27, 2001. Children who met the requirements of the Act on that date automatically became U.S. citizens. Children who were 18 years of age or older on that date did not acquire U.S. citizenship from the Child Citizenship Act of 2000.

The Act is known as Public Law 106-395, and is codified at 8 U.S.C. §§ 1431-33.
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Brenda M Oct 6, 2006, 9:46pm EDT
Debbie:

Nuck is right. These illegal mothers are using these kids as pawns in order to get what they want. The illegal mothers have no rights, they are not citizens of our country. They have the choice to either take their children with them, or leave them here with a friend or relative.
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Brenda M Oct 6, 2006, 9:50pm EDT
Senobia:

This debate has been going on a long time. A poll was taken--over 67% of LEGAL US citizens said that the illegal mothers of anchor children should not be able to avoid deportation because of the children.

There have been protests in front of the church that Elvira has been hiding out at in Chicago. The judge just ruled against her son's constitutional rights being violated claim last week. Their rights are not being violated, as the illegal parents are free to take the children with them. They are not forced to stay in the US.
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Brenda M Oct 6, 2006, 9:51pm EDT
Barbara:

I didn't realize---I said almost the exact same thing as you.
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Brenda M Oct 6, 2006, 10:03pm EDT
Judge dismisses immigration activist's suit

By Jeff Coen
Tribune staff reporter
Published September 29, 2006, 8:15 PM CDT


A federal judge on Friday dismissed a lawsuit filed on behalf of the young son of a woman who fled to a Humboldt Park church after the government ordered her deportation to Mexico.

The pastor of Adalberto United Methodist Church, Rev. Walter Coleman, had filed a suit contending that 7-year-old Saul Arellano's rights would be violated if his mother, Elvira Arellano, were deported.

U.S. District Judge Amy St. Eve sided with the government, which had argued that the child's rights would not be violated and that allowing his mother to stay would grant his mother an extra benefit. Saul is a U.S. citizen by birth.

"The court concludes that, because the pending removal order does not have any legal effect on Saul's right to remain in the United States, Saul will not suffer an injury to his constitutional rights when that order is executed," the judge wrote.

"Put differently, the pending removal order does not prevent Saul from exercising his rights of citizenship. This is not to say that Saul will not suffer a hardship; undoubtedly, he will."

St. Eve wrote that the question before her was whether that hardship was of "constitutional magnitude," and she found that it was not."

http://www.chicagotribune.com/news/local/chi-060929elvira,1,3694053.story?coll=chi-news-hed
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Nuck Chorris Oct 6, 2006, 10:05pm EDT
I dont know how much clearer the law can be?

"These children did not acquire U.S. citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents."
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Brenda M Oct 6, 2006, 10:07pm EDT
First, the anchor children should have never gained citizenship through the 14th Amendment, it was not created nor intended to be applied in that manner. The 14th Amendment was created specifically for the children of newly released slaves.

The 14th Amendment says....If the parent has citizenship with another country, their child--if born on US soil--also belongs to that country.

Therefore, they could easily take away all rights of citizenship of the anchor children, as they should have never been awarded that citizenship based on the 14th Amendment.
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Nuck Chorris Oct 6, 2006, 10:07pm EDT
No, we are figuring out a way to bring them ti the United States Lawfully
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Nuck Chorris Oct 6, 2006, 10:12pm EDT
This is the current law that is followed to control immigration at this time and at this time takes some presedence over the 14th ammendment and also other state laws do apply and must follow this law or they are breaking the law. (((Illegal)))

The Act is known as Public Law 106-395, and is codified at 8 U.S.C. §§ 1431-33.
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Brenda M Oct 6, 2006, 10:12pm EDT
"That constant, anguished uncertainty is the basis of a class-action lawsuit filed in federal court Wednesday on behalf of Escobar and dozens of other U.S.-born children of undocumented immigrants."

The constant, anguished uncertainty is eliminated if they self deport and go back (with their children) to the country that they came from.
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Brenda M Oct 6, 2006, 10:16pm EDT
Nuck:

There are currently senators pushing to have the 14th Amendment revised, specifically to prevent birth right citizenship to the children of illegals.

Also, the majority of legal US citizens do not want the illegals to get amnesty/citizenship (myself included). They should not be rewarded for their law breaking behavior, while thousands go through the legal process to become citizens.
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Brenda M Oct 6, 2006, 10:24pm EDT
Election day is almost here, and I know that a lot of people are extremely fed up and pi$$ed off at some of the people currently in office and are looking for change. However, be extremely careful when you vote, and be sure that you are not voting for a candidate that supports amnesty/citizenship for the millions of illegal invaders in our country.

If a candidate mentions comprehensive immigration reform and/or support for a guest worker program--it will mean amnesty/citizenship. Please investigate your candidates' opinions/goals on illegal immigration before you vote!! Don't vote strictly by party lines, vote on the candidate's plans/goals/opinions regarding illegal immigration.

If all of those illegal immigrants are given amnesty/citizenship--and they then are able to bring over immediate family members--the USA as we know and love it, will be changed forever. We will be turned into a third world country-- the economy and wages will be depressed forever, and our resources/social services/schools/healthcare systems will become over-extended failures. US citizens will face increased problems in trying to obtain decent jobs. In addition, your taxes will increase--as the illegals will be eligible for MORE social benefits (welfare, food stamps, WIC, low-income housing, etc.)--once they receive citizenship!!!

Please go to this Lou Dobbs site, on the right side of the screen you will see the headings below. Please look up to see how senators voted on illegal immigration issues. Please also send a message to congress stating--No amnesty/citizenship, revise the 14th Amendment (no more anchor babies), and enforce our current immigration laws.

http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/

Look for the following:

YOUR ELECTED OFFICIALS

How senators voted on key issues

Send a message: Tell Congress what you think

http://www.cnn.com/CNN/Programs/lou.dobbs.tonight


Here are some videos/sites that I definitely recommend to state on top of all of the immigration news.

Aztlan/Reconquista video----The belief by groups such as La Raza ("the race"), Mecha, Maldef, Brown Berets, etc.--that they are going to take back US territory that formerly belonged to Mexico.

http://www.youtube.com/watch?v=STGYN3vyEj8

http://www.youtube.com/watch?search=&mode=related&v=JCCVUot-hBo

www.americanpatrol.com

www.lawatchdog.com

http://anti-illegalimmigrationevents.com

www.numbersusa.com

www.minutemanproject.com

http://www.mexica-movement.org/ENTERHERETEXTONLY.htm

http://www.aztlan.net
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Nuck Chorris Oct 6, 2006, 10:33pm EDT
Brenda it takes 2/3 of the states to ammend an ammendment and i dont think that they will want to revise such and influential ammendment in our constitution.

You also have very great points also on your second post
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Nuck Chorris Oct 6, 2006, 10:46pm EDT
Debbie you are one funny gal but you should know this debate isnt over the presidency it is over children being born in the united states then being deported etc.

The Act is known as Public Law 106-395, and is codified at 8 U.S.C. §§ 1431-33.
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Brenda M Oct 6, 2006, 10:47pm EDT
Debbie:

You need to take a good look at the 14th Amendment. That is the only reason that they are currently getting citizenship.
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Brenda M Oct 6, 2006, 10:51pm EDT
Nuck:

Someone pointed out on another site that it would not be that difficult to revise the 14th Amendment, it would only require a challenge to this amendment in the courts.

Also, being that the 14th Amendment has been applied incorrectly, I don't think that it is a matter of it needing to be revised. It would just need acknowledgement through the courts that it has been misinterpreted and applied incorrectly.
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Brenda M Oct 6, 2006, 10:54pm EDT
"country of birth or 'Jus soli' as the determination of citizenship. "

Country of birth of the parent. If the parent is a citizen of another country, they are not a citizen of the US. If a child born on US soil becomes a citizen of the same country as the parent, they are not a US citizen.
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Nuck Chorris Oct 6, 2006, 11:03pm EDT
1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

All persons born or naturalized in the United States

The Federal Government can take away your rights under the Constitution and the Ammendments as long as there is a due process and adequete remedy provided by the law.

"nor shall any State deprive any person of life, liberty, or property, without due process of law"

Here is your due process and adequete remedy.


The Child Citizenship Act of 2000 is a United States federal law that allows certain foreign-born, biological and adopted children of United States citizens to acquire U.S. citizenship automatically. These children did not acquire U.S. citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents.

The child must have at least one U.S. citizen parent by birth or naturalization; be under 18 years of age; live in the legal and physical custody of the U.S. citizen parent; and be admitted as an immigrant for lawful permanent residence. In addition, if the child is adopted, the adoption must be full and final.

The effective date of the Child Citizenship Act is February 27, 2001. Children who met the requirements of the Act on that date automatically became U.S. citizens. Children who were 18 years of age or older on that date did not acquire U.S. citizenship from the Child Citizenship Act of 2000.

The Act is known as Public Law 106-395, and is codified at 8 U.S.C. §§ 1431-33.



-No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;- nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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Nuck Chorris Oct 6, 2006, 11:08pm EDT
That is a wild misinterpretation of the ammendments
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Brenda M Oct 6, 2006, 11:17pm EDT
"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."

Someone cannot be subject to the jurisdiction of the US or any of its states if they are a citizen of another country. Therefore, their child--if born on US soil--is also considered a citizen of the country that the parent belongs to.
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Brenda M Oct 6, 2006, 11:21pm EDT
After paragraph 1 in Nuck's post....Nothing else applies that would make them (anchor babies) citizens--as the parent was not born, naturalized, or subject to the jurisdiction of the US. The illegals are subject to the jurisdiction of their own countries.
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Nuck Chorris Oct 6, 2006, 11:23pm EDT
The 14th ammendment has been modified through
8 U.S.C. §§ 1431-33.
and this is the Operative Law at this time it is an expansion on the 14th ammendment.
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Brenda M Oct 6, 2006, 11:35pm EDT
Nuck:

"The Child Citizenship Act of 2000 is a United States federal law that allows certain foreign-born, biological and adopted children of United States citizens to acquire U.S. citizenship automatically. These children did not acquire U.S. citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents."

This would mean--say--if a service family had a child in another country or adopted a child from another country.

As you see, even this part of the Amendment does not grant them citizenship.....They do not have at lease one US citizen parent.

"The child must have at least one U.S. citizen parent by birth or naturalization; be under 18 years of age; live in the legal and physical custody of the U.S. citizen parent"
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Brenda M Oct 7, 2006, 1:24am EDT
Debbie:

If a US citizen gives birth in Germany, is their child a German or US citizen? The child would be a US citizen. Why?? ---because the mother is a US citizen.

No other country grants citizenship in the manner that you are describing.
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Nuck Chorris Oct 7, 2006, 1:47am EDT
Brenda I agree with you and Debbie were you there when they formed the law to know that in your mind every law that is a law is derrived from Jus Soli?
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Atillah The Hun Oct 7, 2006, 2:31am EDT
Get rid of the "automatic American citizen if born on American soil" law! A child should only become an automatic citizen at birth if his parents are citizens. This is a stupid law that the US needs to get rid of so both parents and child(children) can be deported! America, or shall I say our government, is the most stupid country on earth!!!
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Bruce ! Oct 7, 2006, 3:50am EDT
I am a immigrant...an American immigrant to Italy.

I have a 2 year old that was born in Italy.

I am an American citizen as is my Wife.

We live here in Italy as guests of the Italian government and it's people.

We have many rules and laws that are terribly different than the USA that we MUST obey. If we don't obey the local laws we will be asked/forced to leave.

My 2 year old is an automatic American citizen with no rights by birth in Italy. We need to prove that we will not be a burden to the Italian economy and ask permission to stay on a yearly basis. If after our child lives here for 5 full years we can request from the Italian government permission to for her to become a permanent resident and if she completes a test after 18 years she could apply for full citizenship. It is up to us to prove that we as a family will not be a financial burden or security risk on a yearly basis.

Sounds reasonable to me, if we don't like it we can leave it.

Those are the laws of our host and we will follow them.

To bad the United States can't expect/demand the same respect from all the illegals now invading our shores.
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Christopher K. Leavitt Oct 7, 2006, 4:23am EDT
I've gotta hand it to Mr. Beltran. "Everyone here is responsible." No, the parents are responsible. If the civil offense is ongoing, you are still liable. The child may be a citizen, but they are still the responsibility of the parents, first and foremost.
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Eric Unknown Oct 7, 2006, 6:22am EDT
Bruce is right, The US needs to impose strict restrictions on legal immigrants and continue to deport the illeagal ones. An easy way to fix the "anchor baby" problem would be to stop granting them citizenship at birth, just like in Italy.
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Brenda M Oct 7, 2006, 9:43am EDT
In the US, there are between 300,000 and 500,000 anchor babies born per year. Guess who pays for the medical expenses. Guess who pays to continuously support them. Once they have anchor babies, they are eligible for free medical, WIC, and foodstamps for them--with no questions asked about citizenship.

See below how easily it can be changed......

"Some countries are restricting lex soli by requiring that at least one of the child's parents be a national of the state in question at the child's birth, or a legal permanent resident of the territory of the state in question at the child's birth, or that the child be a foundling found on the territory of the state in question. The primary reason for imposing this requirement is to limit or prevent people from travelling to a country with the specific intent of gaining citizenship for a child. The 27th amendment to the constitution of the Republic of Ireland was passed by referendum in 2004 for this purpose."

http://en.wikipedia.org/wiki/Jus_soli
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Brenda M Oct 7, 2006, 10:48am EDT
Debbie:

The illegal mothers intentionally broke our laws. They had the children here in order to provide an anchor to the US (hence, anchor babies). Their lawlessness should not be rewarded. Most of them will never work, just suck up whatever benefits they can. They should be deported just like any other illegal that broke the law. Nobody is keeping their children from them, as they are free to leave with the mother.

"US born children of undocumented immigrants being violate by constantly having to life in fear of persecution and being separated from their families."

The courts are simply going to say---the fear of persecution and being separated from their families will be eliminated if they self deport. Simple, problem solved.
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Anne G. Oct 7, 2006, 11:32am EDT
There would be no need for this debate if we alter our law to that of every other foreign nation. If the parent is a Mexican citizen (here illegally!!!) then the child is ALSO a Mexican citizen. They should not be given citizenship simply by virtue of having a mother who crossed the border illegally, and was given a free hospital birth in this country.
If the parent is caught and will be deported so should the child be. Then there is NO "Persecution" of the "POOR" child, it will not become a ward of the state, and the family will not be separated.
I think we need to take it one step further as well. When they are caught and deported, the US can bill Mexico for the cost to the American tax payer for the hospital bills, and if applicable the cost of having educated that child to the point of time of deportation. Perhaps if the Mexican govt had to foot the bill for encouraging their people to come here illegally, they wouldn't be so quick to pawn their responsibilities onto American Tax Payers.
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Eric Unknown Oct 7, 2006, 11:55am EDT
Anne and Brenda, thank you for having some common sense! Hopefully this lawsuit will backfire and the result will be US laws written to recognize "Jus saguinis"
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Jackie Beltran Oct 7, 2006, 2:39pm EDT
hmmmmm.....Where to begin? Debbie, I commend you on a level head and an excellent debate. I'm certain everyone can agree to that, at least.

Now - while we were sleeping and creating small businesses and growing our 401K's, we received some unexpected company. Had that company remained in the shadows, we would not be having this debate. However, they decided to hit the streets - and then we saw just how many there were. They were fine as long as they did not demand rights. They were fine as long as they did not demand recognition. But, hey, they stirred the pot first - so they can just deal with it.

Let's start out by scaring them away from the harvest. Then, while our crops lay rotting and corporations fret about a rabid Republican last ditch effort for Congress and the Senate - let's deport as many as possible and raise the ire of multi-billion dollar industries who rely on these folks to stay competetive. Oh, and while we're at it, let's strip the kids of their right to citizenship.

Does that sound about right? Yes? Just so we're clear about where we are headed...

Everyone forgets that there are myriads of federal, state, and local laws ignored by the governments who created them. We ignore laws all the time. But then, we're allowed by default to do so, correct?

Who gives this generation the undisputed right to declare a group of people unfit? Who do you think we are to stand up and say - oh, but this no longer applies, because there are too many and we just don't like it!!!

All this beligerence over what? What is your worst fear? Are you afraid they'll out-work you? Underbid you? Earn more? Do you buy into all the rhetoric and propaganda that states they are destroying us?

I'll let you in on a little secret: You ain't seen nothin' yet.

While you folks decide the fate of babies of illegal immigrants - Bush still reigns.

When was the last time you checked the news about the war? Do you think you'd be pissed if fanatical legislation had not been suggested and the immigrants had not demonstrated? Think about it.

First off - if you want to be Italian - go be Italian. But I know alot of Americans who prefer to remain Americans. There is nothing wrong with our system - it works exactly as it should.

What's wrong is that the level of hysteria has risen to the point where we are actually contemplating changing the Constitution and Bill of Rights. We are contemplating changing our national identity for some immigrants who, according to a 1996 law, are now considered illegal.

Which legislature has stood the test of time?

Which legislature do you firmly believe in?

Which legislature would you die for or send your children to die for?

These are uneducated, poverty stricken people from another country. You want to send them back - fine - do it. You want to build a fence - fine - do it. You want to screw with the Constitution and Bill of Rights - over my dead damn body you will.

Ask how many military and war veterans can justify such a level of hysteria that they would consider such a monumental change in our country....Ask them, because the VFW where I live insists upon control but immediately quells any fanatical statements.

And that's what they are. It is fear and the lack of education that would drive any U.S. Citizen to suggest a change to the very foundation of this country based on a few million illegal immigrants.

Illegal immigrants that our government allowed, by default, to enter this country.

You don't like that - go to their asses. Don't mimic a Hitler-era mentality by demanding radical change...What's next? We deny them the right to hospitals? We round them up and put them in tent cities while they await processing to return to their nation? Welcome to the freakin' Gestapo.

Careful what you scream for. You may just get it. The worst thing is - when we're attacked and you have to run, those same poor bastards you can't look at will be the ones welcoming you into THEIR country.
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Richard Garcia Oct 7, 2006, 11:38pm EDT
You American might also get Gestapolized (new word! yah) too, if we did first to illegal alien then Mexico or many latino country not care about you because you don't care about illegal alien. Now look at China and Japan relationship. They ain't going well because Japan treated China differently. Japan raped China first, but they lose by American Force. Now China is a powerful nation where they can deafeat Japan. This might happen to us, so be careful about that.
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Eric Unknown Oct 8, 2006, 1:28pm EDT
Jackie I would like to respond to your post.

"We ignore laws all the time. But then, we're allowed by default to do so"

Tell that to the Border Patrol. We have not been ignoring this law, illegal immigrants get deported everyday. We just didn't catch as many as we should have. That's why new legislation is currently being written to solve the problem.


"Who gives this generation the undisputed right to declare a group of people unfit?"

We are not declaring them unfit, we are declaring them criminals because they broke the law.

"You want to screw with the Constitution and Bill of Rights - over my dead damn body you will."

There is a process used for changing the Constitution, it's called an Amendment. We've used it several times before and we will use it again, there is nothing your dead damn body can do about that.

"Do you buy into all the rhetoric and propaganda that states they are destroying us?"

Tell that to the border states, whose hospitals are going bankrupt because of illegal immigrants, and to the prison system where illegal immigrants are way overrepresented. It makes sense because illegal immigrants are criminals which makes them more likely to break other laws and end up in prison.

My mom is an immigrant, however she came here legally. I was an Anchor baby because my mother was here on a temporary VISA, but guess what, she respected this country enough to get her citizenship, learn the language, and continue to obey the laws of this country. Everyone else in my family who migrated to the US also got their citizenship. Granting rights to those who came here illegally undermines everything my family did to get to this great country.

Trust me, when the US is attacked, we will not run to Mexico like cowards, well you might. I won't because as I right this message I am sitting in an Internet Cafe in Baghdad and I can tell you from 1st hand experience that real Americans don't run from a fight.
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Eric Unknown Oct 8, 2006, 1:32pm EDT
"write"
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Eric Unknown Oct 9, 2006, 1:25pm EDT
That doesn't give me the right but freedom of speech does. Bottom line is people need to come to this country legally, if they came illegally then they suffer the consequence of their own actions and they place that burden on their children. This is just a classic example of people trying to legislate through the judicial system.
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Senobia T. Oct 9, 2006, 2:14pm EDT
Have you lost your mind, Eric?

Where would WE, as a country, be if WE were all held accountable for our parent's perceived transgressions?

Is that a burden you're willing to bear, too - while you're demanding everybody else should?
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Anne G. Oct 9, 2006, 8:16pm EDT
Senobia, your defense of this perhaps would not be so strong if you had not married an illegal, and if you and your illegal spouse had to foot the bill for all the demands you made and continue to make!!!
We have all had to bear the burden of wrongs or perceived transgressions committed by our parents and grandparents for one thing or another, and
we do not all stand up and demand that the rest of the American people pay for it.
If the parent is illegal the child is illegal. You mentioned those that are already "citizens" and if the decision were mine, every ONE of those "citizens" would have that citizenship revoked because the parent or parents were illegal, and the new law would make all children born to illegals in this country illegals as well. That would definately slow down and reduce the number of Hospital costs in the border states. I don't like paying the hospital bills for an illegal when I can't take my own child to the hospital due to the sky rocketing costs.
IF THE PARENT IS ILLEGAL SO TOO IS THE CHILD. Return them BOTH!
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Senobia T. Oct 9, 2006, 9:37pm EDT
1. It's not up to you, Anne.

2. I have THREE of these kids.

3. There are millions of kids in the world just like mine.

4. They're not going any place except to your local House of Representatives.

5. They are YOUR future.
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Anne G. Oct 9, 2006, 10:53pm EDT
Debbie, you are not bursting my bubble, I am well aware of what the laws are regarding these babies. As was stated earlier, laws can be changed and this is one that NEEDS to be changed.
It is the removal of one more incentive that will begin the changes that we need to protect OUR rights, our lives, and our environment.
Senobia, you are just the kind of person the law changes need to address!!! It may not be only up to me, but those who believe as I do, will MEET those who make demands that they are NOT entitled to, at our local House of Representatives. You and your children are NOT my future. For every farm or ranch I see going under for more development, for every low income housing I see filled with foreigners, most of whom are illegal, my determination to fight for OUR rights and the future of MY children is just that much stronger.
I wouldn't be too proud of telling the world how illegal my husband and children are.
Oh, and Debbie, one more thing. I lived in AZ for ten years, I know the burden that the cost of these children and the illegals are, especially to the border communities. I owned a business there, and paid more than my share of taxes to cover the expenses these people generate, and I saw with my own eyes the damage that they do, and the trash they leave in their wake. My own children were not safe to ride horses in the fields and groves around MY property, because these people lived in the groves, and threatened OUR families. They will do anything to prevent being caught and hauled in.
I am all for helping anyone who wants to come here the right way, and ONLY those who were not criminals or dead beats in their own country, but I have NO use for those who come here illegally to have their anchor babies, and bleed our system, and take from OUR children. This is America, and it is our responsibility to take care of OUR OWN first.
With the large number of Legal Immigrants and the outrageous number of illegals, adding these anchor babies is just compounding the drain on the resources we have in this country.
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Anne G. Oct 9, 2006, 11:03pm EDT
Senobia, you have an outrageous attitude of entitlement, and it's people like you who make it that much more difficult for those who truly want to assimilate into our society. Those who truly want to achieve the American dream, wish to do it in the same manner as every immigrant who came here through Ellis Island, or through our system, not by being a criminal from the start, and making your child a criminal by those same actions.
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Senobia T. Oct 9, 2006, 11:22pm EDT
No, it's people like ME who should scare people like YOU because it's people like ME that are raising the future of YOUR country.

And, just some FYI - Coming to the US undocumented was not a crime until 1929.
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Senobia T. Oct 10, 2006, 12:56am EDT
Wouldn't it get to you?
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Eric Unknown Oct 10, 2006, 6:23am EDT
Have you lost your mind, Eric?

"Where would WE, as a country, be if WE were all held accountable for our parent's perceived transgressions?

Is that a burden you're willing to bear, too - while you're demanding everybody else should?" ---Senobia T.

We are held accountable. When the parent of a child breaks a law and ends up in prison, does the government give the child a new father? No. The child suffers because of the parent's actions.

I believe that my father should have spent more time in prison for his actions. I believe the judge went easy on him. When my mother refused to get on welfare and work 2 jobs I was proud of her.

Should my children sue the government for sending me to Iraq? Are their constitutional rights being violated because of my precarious state?

I know you want to believe the these anchor babies are the future of our country, but statistically more of them will end up dropping out of school, getting pregnant at an early age and in prison. I don't even need statistics, I grew up in these neighborhoods and I've seen what happens to them. It's because of people like you who instill "an outrageous attitude of entitlement" in these children. You set them up for failure.
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Brenda M Oct 10, 2006, 6:23am EDT
Anne and Eric:

I agree with everything that you said.
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Brenda M Oct 10, 2006, 6:42am EDT
No matter what the illegal mothers and anchor children "want", it won't make a difference. The mothers are going to be deported and they are free to take their children with them, or leave them with LEGAL family or friends.

It is not up to the US or its citizens to support illegal mothers and their anchor children. They need to go back to their own country and make things work there. Jobs, healthcare, education, social benefits, etc., belong to LEGAL US citizens--not illegal invaders.

In regard to "constantly having to life in fear of persecution and being separated from their families."-----The judge is going to say that the illegal mothers have the option to self deport with their anchor children--which puts an end to the fear of persecution and being separated from their families. Also, based on the article that I posted above--the judge did not feel that Elvira's anchor child's constitutional rights were violated.

The MAJORITY of US citizens (the last poll I saw was 67%) do not feel that illegal mothers should be able to avoid deportation because they have anchor children. I hate to rain on your parade, but they should begin to make their moving plans. Pretty soon, they won't even be able to find a place to live, get a job, or continue to qualify for the freebie jackpots.

The MAJORITY of US citizens do NOT want amnesty/citizenship for illegal invaders (including mothers with anchor children), they want the 14th Amendment revised and applied properly, and our borders closed/secured.

Tom Tancredo is running for president in 2008, specifically to address the illegal invader crisis. He is aware of the illegal mother/anchor baby crisis facing our country. Polls have indicated that he has a good chance of winning. No matter what illegal invaders have now, they will definitely not have it in 2008 (at the latest). Therefore, there is a good chance that the 14th Amendment will be revised at that time, and citizenship taken away from the anchors. However, US citizens are angry, and will not let it go on that long anyways.

Our military men and women throughout our country's existence did not sacrifice their lives in order for our country to be taken over by illegal invaders. Again, they should definitely be making their moving plans, as they will not be enjoying their time in the US much longer.

Goodbye Elvira and friends. I hope that you have a nice trip back to Mexico.
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Brenda M Oct 10, 2006, 6:49am EDT
Jackie:

Perhaps you should go to Mexico and try to help the illegals (including mothers and anchor children) in their own country. This is not Mexico, and we are not going to let it turn into Mexico. This is the US, which belongs to LEGAL citizens of our country. So, if you feel so strongly about wanting to help, you need to go to their country, as their time in the US will soon be ending.

Debbie:

You must have missed the following post that I made earlier.

"Some countries are restricting lex soli by requiring that at least one of the child's parents be a national of the state in question at the child's birth, or a legal permanent resident of the territory of the state in question at the child's birth, or that the child be a foundling found on the territory of the state in question. The primary reason for imposing this requirement is to limit or prevent people from travelling to a country with the specific intent of gaining citizenship for a child. The 27th amendment to the constitution of the Republic of Ireland was passed by referendum in 2004 for this purpose."

http://en.wikipedia.org/wiki/Jus_soli
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Jackie Beltran Oct 10, 2006, 12:26pm EDT
aaahhhh....Eric....Are you aware that illegal immigrants have been killed in Iraq?
No? Didn't think so.

Are you aware of how many "anchor babies" are currently fighting by your side?

No? Didn't thinks so.

****

Eric Said: Tell that to the Border Patrol. We have not been ignoring this law, illegal immigrants get deported everyday. We just didn't catch as many as we should have. That's why new legislation is currently being written to solve the problem.

I say: Ask the BP how many times they asked for more funding from the early 90's forward - and were denied. Also, allow me to explain a BIG PART of the illegal immigration issue: Border Patrol agents are dirty - not all, but enough to make an impact. Google it. As far as our methods of controlling immigration for the past 14 years - useless, under-funded and purposely misleading.

Want examples? Okay, I'll give them to you and you decide for yourself.

Google: Social Security Suspense fund
Google: H2A temporary worker program
Google: IRS and ITIN numbers for illegal immigrants
Google: NAU and SPP and PNAC, united states government and republicans

***
And as for your mother: SHE had laws available to adjust her status. Those LAWS were taken off the books YEARS ago.

Illegal immigration was encouraged by our government. Research it, learn and deal with it. There is so much evidence, it is indisputable.
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Amy P. Oct 10, 2006, 3:02pm EDT
Good someone finally needs to stand up for the rights of the children...they are CITIZENS of this county and deserve every right that they have...
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Richard Garcia Oct 10, 2006, 5:21pm EDT
Gerald, it about illegal alien not hispanic.
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Brenda M Oct 10, 2006, 5:35pm EDT
Amy:

"Good someone finally needs to stand up for the rights of the children...they are CITIZENS of this county and deserve every right that they have... "

Yes, you are right. They have the right to leave with their illegal mothers. They also have the right to stay with LEGAL family or friends. However, the illegal mothers have NO rights.
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Amy P. Oct 10, 2006, 8:19pm EDT
Brenda,
well then I guess we need to get some laws changed so that the illegal mother can become legal....and problem solved!
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Anne G. Oct 11, 2006, 1:17am EDT
Senobia, you don't scare us, you make us fight harder to protect our own.
Amy, you can also support these illegal mothers YOURSELF, when you make them legal. Instead of getting assistance for just the child/children we'll have to pay even more for the mothers. Instead of paying only for the childs education and medical, we'll have to pay for the mothers too. I don't want to pay out more for them, so you take it from your own family. I don't want to tell my daughter she won't get her new glasses until next month, and we can't take her to the dentist for 3 months because we are paying so much in taxes that we can't afford the insurance that is offered, and we don't bring in enough money to cover all those bills on top of my medical, that of course we are paying for out of pocket because some illegal crossed the border and dumped an "American" citizen for us to support. A woman who has never worked a day in this country, never paid taxes, never contributed ANYTHING in order to receive all the assistance that "illegal child" of hers will give her FREE OF CHARGE!!!
If I chose to stop working, sit at home, and try to collect welfare and medical, I would be refused. If they were to give it to me, they couldn't afford to give it to that illegal and her kid.
Jackie, all you do is continue to post the same single minded information from the same sources that you accuse others of using. Try obtaining information the old fashioned way, do some leg work, and obtain some untainted statistics. Impartial is the only way you can justify the path for defense that you have chosen, and you yourself are not impartial.
Brenda, I agree with you whole heartedly.
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Brenda M Oct 11, 2006, 5:53am EDT
Anne:

Of course people like Senobia are upset and trying to fight our laws--we are getting ready to take away their free rides/meal tickets. If the illegal mothers are given amnesty because of their anchors--it will only bring about the civil war/revolution that is destined for our country over these illegal invader issues.

These people and their support groups will never be able to control the anger/defiance of LEGAL US citizens, even if our country grants them amnesty. Legal US citizens will use their own methods/means of disagreeing--such as "unofficial" restrictions and opportunity limits. The ACLU cannot afford to challenge and take to court all legal US citizens who use this "unofficial" means of taking matters into their own hands.

The anger/voice of the Majority of Legal US citizens has been clearly communicated. Our government will not be able to force acceptance when the majority totally disagrees and does not want this.

No amnesty/citizenship for anyone (including the illegal mothers), revise the 14th Amendment (no more anchor babies), and secure/close our borders. The US and US citizens are not morally or financially responsible for the illegal invaders.
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Brenda M Oct 11, 2006, 6:00am EDT
Amy:

"well then I guess we need to get some laws changed so that the illegal mother can become legal....and problem solved!"

Yep, problem solved. Just as long as they have your address and Jackie's--and the addresses of all that think like you--so that they can take out taxes from your paychecks to support them. The MAJORITY of legal US citizens want them deported--just like every other illegal invader.

They have the right to take their children with them or leave their children with LEGAL family members or friends.

Other than that--goodbye Elvira and other illegal friends.
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Brenda M Oct 11, 2006, 6:11am EDT
Anne:

Actually, just using these blogs as an example of how unsupported this issue is--how many have posted their opinion in support of her views? This is similar to all blogs dealing with the issues regarding the illegal invaders. The majority of legal US citizens have made their opinions and views very clear.

More and more, cities are following the examples of Hazleton, Escondido, Riverside, etc. They also want to fine landlords who rent to illegals, fine and take away the business licenses of employers who hire illegals, and make social benefits based on proof of citizenship. Hazleton has said that just knowing that the laws have been approved--over half of the city's illegal population has already left, and the law has not even been put into effect yet. Where will they live and work, once cities throughout the country pass similar laws--as they do not want the illegals moving into their neighborhoods?

Actually, the challenges that the illegal mothers are placing on our courts (all at tax payers expense) might end up clearing up the 14th Amendment issues once and for all. This may be the kick needed to take away this opportunity for the illegal mothers to use our country and its citizens for their financial benefits. They will have no reason to sneak into our country in order to drop their anchors.

Also, consider this....No matter what happens, it will only be temporary. Tom Tancredo is running for president in 2008. He has made it clear that he will take away all benefits/rights of the illegal invaders, and will stop the invasion for good. Polls have indicated that he will win, as this is what the majority of US citizens want. Therefore, no matter what---their free ride will definitely be over in two years!!!
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Amy P. Oct 11, 2006, 10:41am EDT
Brenda,
If they are legal and working..why would they need our support??
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Amy P. Oct 11, 2006, 10:51am EDT
Anne and Brenda,
One of the biggest arguments of the anti-illegals is that all the ILEGALS are stealing all of OUR benefits... that all the LEGAL people can't get any benefits because the illegals are sucking them dry...so if she was legal then she wouldn't be able to get benefits...this is from the anti-illegal view point, not mine (as stated above in Anne's post) If Legal= no benefits and Illegal= ALL the benefits then why would you mind if she was legal?? If she and others were made legal they would be normal, contributing members of society...whats the problem with that?
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Senobia T. Oct 11, 2006, 12:26pm EDT
What's the idiot going to take away? They are not ELIGIBLE as it is! Tancredo should run, that's right - but not for president. He needs to run his ignorant ass to the local library and educate himself on issues he feels that are "oh, so important" - popular? Pfffft.

I'm tired of all you people trying to bullshit the masses about these elusive, for illegals only benefits. Tell me where to sign up to get mine. My kids were born to a father who entered the country illegally. Where's ours?

Oh. I've already asked this question, haven't I? And GUESS WHAT. Nobody, not one damned person - could name any of the benefits, much less tell me where to sign up.
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Brenda M Oct 11, 2006, 12:33pm EDT
Amy:

The illegal men/women who work in our country are taking the American jobs, depressing our economy and wages, and destroying our healthcare and school systems (along with their anchor children).

The illegal mothers with anchor children are a different story all together. Stats/facts from CIS (Center of Immigration Studies) and similar studies indicate that this is the largest group of people to use (and continue to use) social benefits. Their goals are not to get off the social benefits, but to live their lives while on these benefits. In other words, to live lives as if they were in Mexico while leaching off of our social benefit systems. In addition, these groups of women also go out of their way to teach their children how to live the easy life as well. The largest percentage of pregnant unwed girls (from as young as 13/14) come from this group as well--as this behavior and lifestyle is encouraged and accepted.

Therefore, I go back to my original comments--if you, Jackie, and those that think similar to you--want them here, make sure that they have your addresses so that they can tap your paychecks for tax dollars. The majority of legal US citizens have made their opinions very clear---they are not wanted here and we do not want to financially support them.
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Amy P. Oct 11, 2006, 1:33pm EDT
Brenda,
"Their goals are not to get off social benefits, but to live their lives while on these benefits" ...I don't get how you are such an expert on the goals of these idividuals... and if they are collecting any benefits with their "anchor" children..its because the children are CITIZENS and deserves these the same as you and me. If you turn your backs on these children you turn your back on CITIZENS of this country and is equal to turning your back on your own children.. you can disagree that they shouldn't be citizens but it doesn't change the fact that they are.
Also your comment about pregnant and unwed girls, that behavior and lifestyle is encouraged and excepted..just shows that you know absolutly nothing about what you are talking about....I know noone who promotes this lifestyle. Also all of the girls I knew who were pregnant in high school....were American.
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Brenda M Oct 11, 2006, 2:06pm EDT
Amy:

You have definitely done nothing in regard to research of facts/stats. Therefore, you are not worth debating with any longer.

You, Jackie, and those that think like you have the right to your opinions and support. However, as mentioned before, just as long as they tap your paychecks for the taxes to support them. The majority of legal US citizens do not want our money used to support illegal invaders (including the illegal mothers).

US citizens are going to end up fighting to defend our rights/country on American soil. Will you and Jackie be fighting for Mexico? The illegal invaders want to take over. What will it take for you--and others like you--to wake up??? Maybe one of your family members killed by a drunken illegal invader on our highways? If they have already proven that they will not obey and respect our laws by illegally breaking into our country and using fraudulent documents/SS numbers--what makes you think that they will obey/respect any of our laws?

You, and others like you---are an embarrassment to our country, US citizens, and the thousands of men and women who have died in our military throughout our history.
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Amy P. Oct 11, 2006, 2:13pm EDT
An embarrassment to the country? Why? becuase we have a different opinion than yours? And about doing research...everything that I talk about is from personal experiance and knowledge...more credible that just reading numbers.. anyone can cut and paste what someone else has written...I know the people and could care less about "numbers"
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