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The true definition of American citizenship
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Editor, Manteca Bulletin,
For the past 110 years, the belief that if a person is born on American soil, they are a citizen of this country.  This belief is about to be challenged because of the unprecedented influx of illegal immigrants.  The Supreme Court case United States v. Wong Kim Ark, in 1898 is often cited as the standard for declaring that any child born to an illegal immigrant is automatically a U.S. citizen.  

The facts of the U.S. v. Ark case differ greatly from the present-day facts of today’s illegal immigrant.  With Wong Ark ’s parents, they were not promoting the nation of China. They were here legally and without the government trying to deport them.  They legally established a permanent residency in California.  The parents were also not employed in any diplomatic activities, nor were they hostile forces in this country. The parents were also not continuously leaving and returning to this country. The child, Mr. Ark had also grown up in this country and this was the only country he had known.  As an adult, he once took a short trip to his parent’s home land.  The word “employed” does not mean to have a job with wages, but to be engaged in activities.  And terrorists fall into the category of hostile forces.   An illegal alien cannot establish residency in this country.  Those aliens who are migratory in nature or still have a residency in their home country have not established residency in America.

There are many illegal aliens that send money back home to support the family back “home”, thereby removing any doubt that they have not established residency here in America.  Those aliens that keep being expatriated back into their home country clearly do not reside in America.

In the dissent of the ruling (US v. Kim Ark), Justices Fuller and Harlan pointed out that one must give up their native citizenship and not be subject to any foreign power. Any person of Mexican ancestry has dual citizenship.  And when a person of this dual citizenship enters Mexico, they must announce this and claim their Mexican citizenship.  This also means they are not subject to American jurisdiction but to a foreign power.  
Do you recall all the protesters that were waving the Mexican flag with the American flag upside down?  These people were engaged in diplomatic activities, even though it was not in an official capacity. When these people promote their home country first, they are engaging in diplomatic activities.  How about those people that come here to commit crimes?  We just had a Muslim that tried to use a WMD in NY.  The definition of hostile “forces” has changed since 9/11.  The days of parading armies in distinct uniforms are over.  Today’s enemies are groups of people that do not belong to any foreign power, but exist in a foreign country. They and their supporters dress and act like Americans so they can blend into the fabric of American society.  

It does not matter if they are a Muslim terrorist, a member of an organized crime syndicate, a gang member, or a common street thug; they are a member of a foreign power if they are not an American citizen.  Those protesters that caused riots and destroyed property, along with their supporters and family fall into this category of hostile forces.  The mere fact that a child is born on American soil does not automatically make the child an American citizen.  American citizenship relies on the actions of their parents.  In Vance v. Terrazas, the court said that an American citizen can lose their right to citizenship through deliberate actions.  This means that a foreigner must take deliberate actions to meet the criteria for their child to become an American citizen upon birth.  Those actions include: Establishing a legal and permanent residency.  Not promoting another country over America.  And not committing any crimes, especially those that show your favoritism toward that country and your hatred against America. Those who have dual citizenship, are from illegal immigrants, and profess their hatred of America , are not citizens of this great country.  And nor are their children citizens because they failed the conditions.
Scott McComas
May 10, 2010