Hello Bradley,,


Happy New Year!


2025 is shaping up to be the year we take back our country from almost certain collapse. Imagine how you would feel in the new year had Kamala won. Ugh.


We need to keep up the pressure as the left is not going away. They are just regrouping for their next assault on your freedom and liberty. We will stop them!


Below is a short essay on birthright citizenship. This issue will become a 24/7 topic as the Trump Administration initiates it promise to execute the largest deportation program in history. This program must succeed or we will fail as a county. It will not be easy and we must support our leaders no matter the pain.


The article below is aimed to arm you with facts about the law. Please pass this to other friends, family and neighbors to help them as well.


At the end, see how your efforts on the Scottsdale petition came out... You all did a great job!


America First!


Brad and Bob.

Birthright Citizenship

Who belongs here?

In January, President Donald Trump and Border Czar Tom Homan will begin the immense and emotional task of deporting illegal aliens back to their home countries. The November election gave Donald Trump a mandate to pursue this action to save our country. Few understand how truly painful this process will be, but it is the right thing to do.

At the center of arguments against deportation is the legal concept of birthright citizenship (aka Anchor Babies). To understand the legal status, history and facts about birthright citizenship, it is important to explain why Trump asserts that all illegal aliens must be deported. Not only is this a national security and American culture issue, birthright citizenship for children of illegal aliens is not the law of the land.


While mass deportation grinds forward, there will be much confusion as the leftist mass media distorts the truth. They will make you think illegals and their children are entitled to all the individual rights conveyed to US citizens by the US Constitution. They are not.

 

Below is a short lesson on constitutional facts and history to help you discern the truth as the 24-hour news media bends this issue with emotion, conjecture and false legal arguments.

Slaves were not Citizens


The modern argument for birthright citizenship started as part of a constitutional amendment to resolve slavery issues after the Civil War (1861- 1865). During the development of our Constitution, slavery was not prohibited by the Founding Fathers as a compromise to bring all 13 colonies together for ratification.


This compromise was a known gap in our Constitutional Principles but was politically necessary to form the Union under a ratified constitution.

Nearly eighty years later, the slavery issue was further complicated by the horrendous Dred Scott decision of 1857 which declared African Americans – free or not - are not protected by the US Constitution as they could never be US citizens.  This overtly racist decision and the nation’s angry reaction to it, set us on a course to resolve slavery and other states’ rights issues by a civil war.

Civil Rights Act of 1866


After the Civil War, there was the issue of former slaves who were free but not guaranteed Constitutional rights as US citizens.


It was not until the Civil Rights Act of 1866 that US citizenship was first defined. The first sentence of the Act reads as follows.


“Be it enacted … That all persons born in the United States and not subject to any foreign power, … are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, … shall have the same right, in every State and Territory in the United States.”

Until 1866, there was no such thing as an “illegal alien” as a constitutional definition of “citizen” did not exist nor did any laws to govern immigration.


The phrase “not subject to any foreign power” clearly defines an intent to assign citizenship to those who want to be Americans. 


Thus, it is impossible to declare lawmakers at that time intended to offer citizenship to “illegal aliens” as we know them today. 


The concept did not even exist!

The 14th Amendment


Even though the Civil Rights Act of 1866 was a step forward, there was still a need for the Constitution to address these issues.


In 1868, the 13th, 14th and 15th Amendments to the Constitution were ratified to reconcile the reality of newly freed slaves not being treated as citizens under the US Constitution.

In our modern discourse, the opening sentence of the 14th Amendment, Section 1 is misinterpreted – often purposefully - to justify current day illegal immigration.


“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….”

 

Just as the 14th Amendment defined citizenship for all persons in the country, it also conveyed birthright citizenship to descendants of emancipated slaves. The framers of the 14th Amendment never intended to automatically convey citizenship to anyone (and their descendants) who casually arrived in the United States, let alone those who have come here illegally. Only persons who were here legally and declared their allegiance to the United States were to become US citizens.


Unfortunately, the 14th Amendment substituted the exclusive phrase “not subject to any foreign power” as stated in the 1866 Civil Right Act with an inclusive and vague phrase, “subject to the jurisdiction thereof” to define US citizenship. The original intent of both phases is the same, but the logic and vagueness of 14th Amendment’s wording is problematic when powerful political agendas are in play.

 

Had the exclusive phrase, “not subject to any foreign power”, from the 1866 Civil Rights Act been used, then one could only become a US citizen if they came to America legally, formally renounced their home country citizenship and pledged allegiance to the United States.

 

In today’s debate, we see none of these requirements being met or enforced by the Biden Administration. Tens of millions have come here illegally with no intent of pledging allegiance to the United States or giving up their home country citizenship.  

 

And why not? President Biden has told the world that America can be yours free-of-charge or commitment. Who wouldn’t come here?

 

Our forefathers never intended this to happen in America.

Territorial or Political Jurisdiction?

 

Given the vague wording in the 14th Amendment, today’s debate is distorted by intentional misinterpretation of the word, “jurisdiction” in the 14th Amendment.

 “ … and subject to the jurisdiction thereof … ”

 

Jurisdiction means “the official power to make legal decisions and judgments”. Certainly, this word refers to those who govern and make judgements like the US government.


The left argues the legal interpretation of jurisdiction is based on a physical presence in the US.


Is it enough to only require a simple physical presence in the country to make one a citizen? Of course not.

 

While foreign persons present in the US are subject to the laws of the United States, they are not conveyed all the rights and guarantees of our Constitution, nor are they asked to renounce allegiance to their home country. Many of us have traveled to other counties knowing we must follow their laws (territorial jurisdiction) while knowing we are still pledged as US citizens. Thus, the territorial jurisdiction argument does not make sense as a default for any form of citizenship being ordained under the 14th Amendment.

 

Political jurisdiction refers to those who have come here legally, renounced allegiance to their home country and naturalized themselves to protect and defend the United States as a US citizen.

 

If one’s first act is to illegally enter the United States while maintaining allegiance to their home country, it is hard to make a legitimate case for citizenship. Furthermore, one must declare an allegiance to the United States as part of a political jurisdiction argument.

 

Thus, illegals cannot be citizens. Therefore, their descendants cannot be afforded birthright citizenship no more than a casual visitor on vacation in Phoenix would give birth to a US citizen while on US soil.

The United States vs. Wong Kim Ark


While there is a clear argument for political jurisdiction as the basis for citizenship, court cases have twisted the intent of the 14th Amendment.

 

In 1898, the Supreme Court heard the case of Wong Kim Ark who was born to Chinese immigrants legally residing

in the United States. As an adult, Wong Kim Ark traveled to China multiple times to visit family. Upon his return after one such trip, he was denied entry through San Francisco as a “non-citizen” despite having lived and worked in the US his entire life. In the ensuing legal battle, the Supreme Court ruled he was indeed a US citizen because he was born to immigrant residents who were in the US legally and were gainfully employed. The only point this opinion left out was a clarification of territorial vs. political jurisdiction.


This oversight was further amplified in 1982 when Justice Brennan added Footnote 10 to Plyler v. Doe, 457 US 202 suggesting the phrase “subject to the jurisdiction thereof” can only be construed as a territorial presence in the country. Not only does this footnote ignore the proper definition of the word “jurisdiction”, but it is also mere conjecture by liberal Justice Brennan to justify bending the definition of “jurisdiction”.

 

Thus, the left likes to argue that simple physical residency in the US is a surrogate for citizenship and grounds for birthright citizenship of descendants. Certainly, the Wong Kim Ark decision allows birthright citizenship to the descendants of legal foreign nationals, but not to descendants of illegal immigrants. Remember this as the left twists the mass deportation debate while completely ignoring the illegal status of these immigrants.

 

Given the varied court interpretations of the 14th Amendment, the mass deportation program will proceed while we have the political will to do so. It seems certain this issue will return to the Supreme Court.  Hopefully, they will bring constitutional clarity that preserves our country and culture. 


Afterall, the US Constitution is not a suicide pact that allows one faction to destroy the country in the name of “freedom and liberty”.

Immigration or Assimilation?


The media shouts over and over that we are “a nation of immigrants” as a justification for open borders. Yes, we have a rich heritage of immigrants seeking “Freedom, Liberty and the Pursuit of Happiness”. But the Founding Fathers did not foresee the perversion of our borders happening today. The Biden open border policy is not “America First”.

Immigration is merely the act of coming to live permanently in a foreign country. 


Since 2021, we have seen tens of millions of illegals flood our country without any vetting or understanding of their intent in this country. Certainly, known terror suspects and foreign military age men showing up at the border raise questions as to their intent representing a significant security risk to our country. For the millions of illegals coming to our country, how does their presence help? In most cases, it does not costing our country hundreds of billions of dollars not to mention the rise in gang crime from bad actors and known terror suspects illegally entering the US. 

 

This approach to acquiring new “citizens” will destroy our country.

 

Assimilation refers to the process by which individuals and groups of differing heritages acquire the basic habits, attitudes, and mode of life embedded in the American culture. Assimilation means we only should allow immigrants who are vetted, have the means to sustain themselves and who will adopt allegiance to American values and culture. 

 

Can we say the uncontrolled “Biden migration” has achieved these criteria? 


No, not at all.

Assimilation is Necessary for National Security


If we ever need to mobilize the country to defeat a national threat, could we do it? No. 

 

We are heading toward a Balkanized culture where immigrants and their descendants settle into unassimilated

subcultures within the country. Worse yet, if military aged male illegal immigrants and known terror suspects are waiting to be activated by a foreign adversary, we have a very big problem on our hands. Thus, we must have a robust immigration and assimilation process to protect our country against all threats foreign and domestic.


Do we know if the “Biden migrants” will assimilate into the American culture? There is no way this will happen as the government is doing nothing to screen people as to their intent, allegiances and means to support themselves as potential citizens. Millions of unassimilated illegals are here and will work in the shadows (exploitation, crime, low pay) or by gaining whatever assistance they can from various government and charity programs. Certainly, one cannot argue they will assimilate as Americans if their first action was to violate US immigration law only to live their lives with no possible path to attain the American Dream.

 

Thus, we can only solve this problem by first removing these people from the country. Once removed, many can return through a robust, legal immigration and assimilation process. Some will return, but most won’t as they will not meet the criteria that makes our country and culture stronger.

 

There really is no way to build a strong, assimilated America until mass deportation is complete. This will be a very difficult process that will test our political will to win back our country.

Conclusion


Soon, the mass deportation program will become a dominant and emotional headline of the daily news media. The images will not be pretty, but we must stay the course.


The media will not tell you about the fact that there is no universal birthright citizenship built into our Constitution or the purpose of the 14th Amendment. They will not tell you about the cost of illegal immigration to our country or how it destroys the American culture. 

They will not acknowledge the unchecked crime threat MS13 and Tren de Aragua pose to our communities. They will not tell you some terrorism experts believe there are now over 1500 al-Qa'ida trained terrorists in the US waiting to be activated. 


They will not tell you about the thousands migrant children who have gone missing during this mass immigration event.


All because of illegal immigration. It is sickening to us as Americans.

The only thing you will hear from the media is emotion about how Donald Trump is destroying the lives of illegal immigrants.  You will not hear anything about the extreme burden we bear and the multiple security threats we face. 

 

Ignore them. Remember only that Joe Biden and the Marxist liberal establishment are to blame for ignoring the Constitution and Rule of Law to suit their Marxist agenda. 


They promised these people a life in America knowing it was all a lie to further their Marxist agenda. Now, we are left to do the hard work of erasing Biden’s atrocities on humanity.

If you look at UK, Germany or France, mass immigration without assimilation has destroyed the rich cultures of these once wonderful countries. 


In one generation, European culture - as we remember it - will be gone. It is a real shame and the same will happen here if we do nothing.


In the US, we still have time to reverse course.


Yes, we are a nation of immigrants, but legal ones that have assimilated to build and sustain our great American culture. 

The Trump Administration must move aggressively, and we must support them through the darkest days of what is to come. 

 

With your support, America will survive. 

 

America First!

Victory over liberals in Scottsdale!

Thank you to everyone who signed the petition to place the massive high density Axon housing development on the 2026 ballot for repeal.


We needed 15,000 signatures, but YOU made 26,000 signatures happen! Once certified, the repeal of the lame duck City Council rezoning decision will be on the 2026 ballot!

Here is an article from AZ Free outlining this great grassroots accomplishment!


Very well done and THANK YOU!.

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America is back in 2025!


Thank you,

Brad Newman & Bob Hathorne

Scottsdale, AZ


CactusMan@CrimsonSaguaro.org