I am fascinated by the concept that the drafters of the 14th Amendment didn't consider "illegal aliens" as subject to the jurisdiction of the United States. Apart from the fact that immigrants weren't 'illegal" in 1868 so the drafters would have to have had a crystal ball, doesn't following that principle mean that every undocumented imm…
I am fascinated by the concept that the drafters of the 14th Amendment didn't consider "illegal aliens" as subject to the jurisdiction of the United States. Apart from the fact that immigrants weren't 'illegal" in 1868 so the drafters would have to have had a crystal ball, doesn't following that principle mean that every undocumented immigrant currently in federal prison has to be released because the US courts had no jurisdiction over them?
And where do the immigrations courts, or anyone else, get the ability to deport anyone if such courts have no jurisdiction?
United States v. Wong Kim Ark would seem to be precisely on point, and Wong was born when most of the drafters of the 14th Amendment were still alive; some were probably still alive when it was decided. Should be open and shut, but we'll see what THIS Court thinks.
I am fascinated by the concept that the drafters of the 14th Amendment didn't consider "illegal aliens" as subject to the jurisdiction of the United States. Apart from the fact that immigrants weren't 'illegal" in 1868 so the drafters would have to have had a crystal ball, doesn't following that principle mean that every undocumented immigrant currently in federal prison has to be released because the US courts had no jurisdiction over them?
And where do the immigrations courts, or anyone else, get the ability to deport anyone if such courts have no jurisdiction?
United States v. Wong Kim Ark would seem to be precisely on point, and Wong was born when most of the drafters of the 14th Amendment were still alive; some were probably still alive when it was decided. Should be open and shut, but we'll see what THIS Court thinks.