Harvard Law Professor Speaks About Citizenship

Harvard Law Professor Alan Dershowitz who recently spoke to Fox Business Network stated that if a child is born in the country to parents of illegal immigrants and lives in the U.S. then the child is a citizen. However, if the child is born in the United States and is a child of tourist parents and does not plan to reside here, then the child can’t be a citizen.

Dershowitz said, “I think there are two issues. I think, if a person is born to illegal citizens and lives in the country, there’s nothing you can do. You can’t take away his citizenship. Because he was born in the country and is subject to the jurisdiction of the country. But if a tourist comes to the country and has a baby and then leaves the country with the baby, and for 30 years, has never come back, I don’t think that baby is necessarily a citizen. Because that baby was not subject to the jurisdiction of the United States. That hasn’t been tested.”

  • Richard Gieser

    An opinion but no facts

    • dennis w

      THAT’S ALL DEMON-RAT COMMUNIST / MARXISTS ARE…..

      THEY’RE ALL TYPICAL EXAMPLES OF WHY ‘STUPID’ CANNOT BE FIXED……….

      DERSHOWITZ IS THEIR ‘POSTER BOY’ OF ‘STUPID’ …..AND I MUST ADD…..’BULLSHITT’….

      GOD BLESS PRESIDENT TRUMP FOR BRINGING THIS TO THE FORE……..

      AMERICA AND AMERICANS ARE FINALLY ADDRESSING THIS ‘ANCHOR BABY’ SHITT……..

    • nzegodman

      Prof. you have created a much more soulless problem for the country by drawing an indefinite line of demarcation between two kids born in the USA by alien parents. In the first place you make a child of illegitimate parent living illegitimately here a citizen and when the parent is deported does the child still retain the citizenship if the child leaves with the parent. Then you try to distinguish the first child from the second by denying him/her citizenship if the child stays away for 30 years not being subject to the law. What of the third child scenario who was born abroad by a parent who later returns to USA without the child and the child decides to stay in the country of birth. My thinking is we must combine firmness of purpose and charity of hope in taking a decision of this nature. There are many women who come here to have their babies from all parts of the world. They leave the country with their babies. but we already have issued birth certificate to the children. The birth certificate is the child’s armor for citizenship as properly defined by the 14th Amendment.
      But those women who get these anchor children do not in most cases pay their hospital bills. They return to their countries and do not support our tax measures but rush their kids for any medical needs for free because they kids are covered. We must now require that parents of anchor babies should pay full medical bills for delivery and even when they leave this country should be made to pay for social security and Medicare/Medicaid according to the lowest paid by workers in this country. This will go a long way to assuage the financial cost the country sustains and keep the status of the kids as citizens . Many would be anchor baby mothers will also be restrained. No body is cheated. ASUZU AGWUNOBI, author of THE AFRICAN CHILD, an experienced public policy wonk.

      • dennis w

        I AGREE WITH WHAT YOU STATE……..AND…..

        Has anyone (or even the mothers) thought that when they return to their home countries with their babies that they are actually abetting ‘ILLEGAL IMMIGRATION’ into that country…..

        After all, is that baby not an ‘ILLEGAL IMMIGRANT’…..they’re supposed to be ‘CITIZENS OF THE UNITED STATES’……..

        CANNOT THAT COUNTRY ‘DEPORT’ THAT BABY AND CHARGE THE PARENT WITH ABETTING ‘ILLEGAL IMMIGRATION’ AND CIRCUMVENTING THAT COUNTRY’S LAWS…….

        TALK ABOUT ‘STUPID’………

  • James Mattix

    Then it should be relatively simple. Deport the illegal parents and allow them to make a decision to take their child with them. Then when they are returned to their home country, put them on a waiting list to enter our country legally. Just end Chain migration and make all immigration approvals based upon their ability to provide something useful to the United States

  • jb80538

    Deport ALL illegal aliens and their anchor babies!

    • dennis w

      TOTALLY……..

  • LLJINTL

    That’s why we have a Tsunami of illegals here fornicating their brains out to make as many babies as they can…take over the country with all the illegal babies! Hispanic jihad. Not to mention their millions of stolen SS numbers. They hate us. They hate America. They have no idea what is going on or why this country is different from the one they fled. They want Venezuela…free everything, til we are all standing in line for toilet paper.

    • Pedro e Paco

      Your logic is a vacuum that generates absurdities and fill your heart with fear and hate!

      • dennis w

        YOU’RE AN IDIOT……GO BACK TO YOUR ‘STUPID’ MEXICO ……
        OR WHICHEVER ‘IGNORANT’ COUNTRY YOU SPAWNED FROM………

    • SZ939

      Unlike the Immigrants in the early 1900s, who learned English and wanted to Assimilate and become Americans, these ILLEGAL ALIENS flooding across the southern border only want Freebies, refuse to learn English, and DO NOT ASSIMILATE! This is what the Europeans are learning now with the flood of Syrians allowed into their countries!

  • LLJINTL

    They think the drugs coming over the border is good biz for their people, they are just giving the gringos what they want. If 65-75,000 stupid gringos die every year because of it, oh well. This is not our country…everything belongs to God…therefore it is theirs, we are just idiots in their way, as they drive drunk killing gringos…and themselves. All this heard ver batim from Hispanic members of all Hispanic churches dotting the landscape everywhere…many do not know eachother, they just hold the view.

  • dennis w

    THIS JERK IS A DEMOCRAT / COMMUNIST / MARXIST……NEED ANYONE SAY MORE…..
    ANYONE GIVING HIM ANY CREDIBILITY ON THIS SUBJECT IS ‘STUPID’…..
    JUST BECAUSE AN ILLEGAL SHITTS THEIR SPAWN OUT ON AMERICAN SOIL AND CONTINUES TO LIVE HERE ILLEGALLY DOES NOT MAKE IT ( OR THEM ) AN AUTOMATIC ‘CITIZEN’……….
    THIS IDIOT IS TRYING TO BULLSHITT EVERYONE INTO THINKING THAT BECAUSE HE’S A SO CALLED ATTORNEY….HE KNOWS EVERYTHING…..TOTAL BULLSHITT…….
    IT’S ALL TYPICAL DEMON-RAT / COMMUNIST / MARXIST AGENDA AND PROPAGANDA…….

  • SZ939

    The writers of the 14th Amendment were VERY Clear Mr. Derpowitz! Freed Slaves and their descendants are American Citizens. NOT Native Americans (fixed in 1927), NOT Children born to Diplomats, and clearly NOT ANYONE in the Country ILLEGALLY! Up until the early 1960s, at least ONE Parent must be a US Citizen, preferably the Mother. That’s how OBOZO got his Citizenship! But Dumbocrats and their Activist Judges reinterpreted the 14th Amendment to mean ANYONE, ANYHOW, ANYWAY! Which then began the wave of Illegals crossing the Borders, Chain Migration (the word should be INVASION), and the requirement to “Press 1 for English”! Dumbocrats always point to the mass immigration in the early 1900s, but FAIL to recall that those people had to pass Medical Exams, had to LEARN ENGLISH, had to WORK, and often had to have SPONSORS already in the US.

    • dennis w

      I must correct you……..
      not the ‘mother’….. THE FATHER……..

      MOTHERS COULD NOT CONFER CITIZENSHIP TO THEIR CHILD UNLESS THEY WERE THE AGE OF AT LEAST 17 YEARS AND HAD LIVED IN THE UNITED STATES FOR AT LEAST 7 YEARS PRIOR TO THE BIRTH OF THE CHILD…..

      OBAMA WAS NOT A ‘NATURAL BORN CITIZEN’, OR FOR THAT MATTER A ‘CITIZEN’ OF THE UNITED STATES…….
      HIS FATHER WAS A CITIZEN OF KENYA WHICH WAS AT THE TIME IN THE BRITISH EMPIRE……

      • nzegodman

        Nobody wants to waste time on a foolish argument by a racist. BO’s father though a Kenyan by birth came here and married his wife here in the USA. Their first child is BO and apart from the 14th Amendment BO is an American citizen by birth and nature. He is like millions of other Americans one of whose parents was born outside the US. Trace your own ancestry. The only Americans who own the soil are those natives we have side tracked, cheated and hounded. They are not Indians as the sailors led by Columbus thought because they were looking for a sea route to India. Then came the black hard working men and women who were transported to the New continent as slaves to their masters and who toiled the land and made it a farming zone for the world. They too have legitimacy for citizenship just like their masters who migrated from various ill fed European countries. So we are all migrants and must refrain from hating one another. The people that president Trump assail are just bad eggs from the South of the continent who are physically weak and unproductive. They have wide expanse of land but run to US for free food. There is no war going on in Ecuador nor Argentina or any other southern America. migration is not limited to humans. Birds also migrate and so do other animals. But even among less cultured animals there are always a system, it is never by force and when the situation gets better in their natural habitat, they go back. We can copy them and instead of asylum seeking we create jobs on temporary visas for them. Those who work hard sending money to their relation back home may secure extension but those who come to expropriate and commit crimes should be sent home . Nze CA

  • LLJINTL

    And…they hate Trump, say he is a racist, when you try to give them truth, they scream WE HATE TRUMP HE IS RACIST. The Hispanics you know may be part of this Jihad, be careful. Just as dangerous as Jihad Muslims if not moreso. You must die for them to live.

  • Helen Hollingsworth

    How does he mean “born to illegal Citizens “….illegals are just that ..illegal squatters. .they do not owe allegiance to our flag..only to theirs therefore are not ” subject to our jurisdiction” They are law breakers not law abiding…Dershowitz is a liberal socialist.

    • dennis w

      you’re too polite…….
      HE’S A COMMUNIST / MARXIST…..PERIOD……

      CALL IT LIKE IT IS……….

  • LLJINTL

    As told to me by Hispanic churchgoers…

  • LLJINTL

    I find it sad and against God’s wishes….they call it The Way, The Truth, The Life.

  • david goodman

    that’s not how Constitution reads bull!!!!!!!!! all these billions spent on illegals is treason demon-crats thought this up to steal from Americans and spit on us we can’t go get help unless we’re illegal refugees

  • LLJINTL

    They do not want anything to do with stupid gringos or America. English is an ugly language that feels bad in their mouth. Last year we spent 18 billion in healthcare alone for illegals to have as many babies as they could…and thats just healthcare. Then there’s all the other social services we pay for…+ send 500 million to just Guat, Hon, and El Sal…millions more elsewhere they keep from the people so they scurry up here. They have a strong network of churches that support illegals and their cause, where their Jihad hides. Been on the inside, heard these quotes ver batim. We are in grave danger.

  • LLJINTL

    There are some Hispanics who are legal that stand with feeding vets and homeless American children before illegals. They get it. But they are few.

  • LLJINTL

    I would prefer tortillas, rice and beans and a simple life over the rat race we have here, but they all want Escalades, ranchos, the lifestyle they have seen on tv.

  • LLJINTL

    I am bilingual and have been on the inside…seen the hatred, had the plan laid out ver batim.

  • freethinker4

    If a child is born here by illegal aliens than the child is not a citizen period, because if laws were followed and or enforced by either immigrant or government they shouldn’t or wouldn’t have been here correct?

  • cal3301

    He’s wrong! I’ve argued this point so many times. here’s an old post of mine from years ago….

    Who stated that we have to give citizenship to every illegal baby dropped on the USA soil? The 14th doesn’t. That was written to give freely released Black slaves, 2nd class citizenship without the rights of white citizens.
    American Indians have been dropping babies here for centuries and weren’t granted citizenship until 1924.
    “The Indian Citizenship Act of 1924, also known as the Snyder Act, was proposed by Representative Homer P. Snyder (R) of New York and granted full U.S. citizenship to America’s indigenous peoples, called “Indians” in this Act. (The Fourteenth Amendment already defined as citizens any person born in the U.S., but only if “subject to the jurisdiction thereof”; this latter clause excluded anyone who already had citizenship in a foreign power such as a tribal nation or other country.)”
    Illegals are bound citizens of other countries and so is that baby inside them. In order to receive citizenship in this country…..http://www.nolo.com/legal-encyclopedi
    Statute, by birth within U.S
    As of 2011, United States Federal law (8 U.S.C. § 1401) defines who is a United States citizen from birth. The following are among those listed there as persons who shall be nationals and citizens of the United States at birth:
    “a person born in the United States, and subject to the jurisdiction thereof” or
    “a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe” (see Indian Citizenship Act of 1924).
    “a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States”
    “a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person”
    SO BY OUR LAW, BABIES BORN TO THOSE HERE ILLEGALLY, REALLY AREN’T AUTOMATIC CITIZENS.

  • James Maxwell

    And another reason why Idiots become Lawyer and Professors so they can spew
    their ignorance across the landscape. The 14th Amendment has been corrupted
    and bastardized by lawyers, criminals and others Illegal Invaders for personal
    and political gain. It was designed for one purpose and the was to insure that
    those who were Freed EX Slaves where given full and unquestionable Citizenship
    as American Citizens. It was not designed as a reward for criminals or those who
    strive to circumvent our Immigration policies. The Corrupt lawyers have taken the
    original intents of the Amendment and twisted it to violate our immigration policies
    and to reward the Invaders who abuse our Citizens, Laws and customs as
    Americans. This must not be tolerated and our Laws must above all else be
    respected and a strict interpretation imposed, No exceptions and no excuses
    by corrupt judges, Lawyers are political nar do wells who lie to us constantly
    for political and personal gain.

  • John R. Bloxson Jr.

    I agree the Child os a Cotizen Terminate Parental Rights and ace the Child for adoption, deport the Illegal Immigrant sperm a d egg donors!!

  • AFGus

    You may have gone to Harvard Dershi, but you are 100% wrong on this. Even during the crafting of the Amendment, the writer was very clear that children born on US soil to people here illegally, and children born on US soil to Ambassadors, etc. of foreign governments “Do Not Become US citizens”….Period!