Fetal personhood statutes

[TMFT]

This might be the swim up bar talking. But for states with fetal personhood statutes:

Is there anything that would stop any person from basically anywhere in the world from filling out an affidavit that their child was conceived in a fetal personhood state (when the statute was active) and applying for citizenship?

 

[Joe_Hoopsier]

This might be the swim up bar talking. But for states with fetal personhood statutes:

Is there anything that would stop any person from basically anywhere in the world from filling out an affidavit that their child was conceived in a fetal personhood state (when the statute was active) and applying for citizenship?

Where's the bar you are using?

 

[TMFT]

Where's the bar you are using?

Riviera Maya

 

[HoosierJimbo89]

This might be the swim up bar talking. But for states with fetal personhood statutes:

Is there anything that would stop any person from basically anywhere in the world from filling out an affidavit that their child was conceived in a fetal personhood state (when the statute was active) and applying for citizenship?

Don't make a conservative pick between abortion and anti-immigration: that is how heads explode.

 

[IUCrazy2]

This might be the swim up bar talking. But for states with fetal personhood statutes:

Is there anything that would stop any person from basically anywhere in the world from filling out an affidavit that their child was conceived in a fetal personhood state (when the statute was active) and applying for citizenship?

Show me your visa/passport indicating when you entered the country. Let's start there.

 

[Joe_Hoopsier]

Riviera Maya

I had one of the worst sun burns I've ever had there on that Peninsula, Kayaking through the Mangroves. Drink plenty, apply sunscreen and oh, have some water when you can.

 

[TMFT]

Show me your visa/passport indicating when you entered the country. Let's start there.

Parents don’t have to be here legally for citizenship to pass to kids. That’s the rub.

 

[zeke4ahs]

Just saw a woman in Texas driving in carpool lane because she is pregnant.

 

[Joe_Hoopsier]

Just saw a woman in Texas driving in carpool lane because she is pregnant.

MOV!!!

 

[Noodle]

This might be the swim up bar talking. But for states with fetal personhood statutes:

Is there anything that would stop any person from basically anywhere in the world from filling out an affidavit that their child was conceived in a fetal personhood state (when the statute was active) and applying for citizenship?

Citizenship is solely defined by federal law, and the 14th Amendment requires someone to be BORN in this country for citizenship to attach. State “fetal personhood” statutes cannot redefine the meaning of “born” for purposes of citizenship.

 

[IUCrazy2]

Parents don’t have to be here legally for citizenship to pass to kids. That’s the rub.

They would have to prove they were here when they conceived, legal or not.

 

[TMFT]

They would have to prove they were here when they conceived, legal or not.

Thus the affidavits in the original hypothetical.

 

[TMFT]

Citizenship is solely defined by federal law, and the 14th Amendment requires someone to be BORN in this country for citizenship to attach. State “fetal personhood” statutes cannot redefine the meaning of “born” for purposes of citizenship.

Do you think it can apply to state citizenship and not federal?

 

[Noodle]

Do you think it can apply to state citizenship and not federal?

I don’t think there is such a thing as state citizenship. And even if there was it would not make someone an American citizen. They would still be subject to removal etc.

 

[Noodle]

I should also mention that I’m jealous - I’ve never been to a place that had a swim up bar. Unless you count a raft in a lake that had a cooler of beer on it. 😃

 

[TMFT]

I should also mention that I’m jealous - I’ve never been to a place that had a swim up bar. Unless you count a raft in a lake that had a cooler of beer on it. 😃

Iberostar Selection Paraiso Lindo in Riviera Maya.

Super great for families.

 

[JamieDimonsBalls]

I should also mention that I’m jealous - I’ve never been to a place that had a swim up bar. Unless you count a raft in a lake that had a cooler of beer on it. 😃

 

[Noodle]

Yes. And stop calling me Shirley.

 

[IUCrazy2]

Thus the affidavits in the original hypothetical.

That would not be enough. You would be changing the laws for fetal personhood, the immigration laws and citizenship could be adjusted with it.

Swearing "I was there" with no proof would be a quick throw out to me. I wouldn't even consider a case where the only evidence was basically a written pinky swear.

 

[JamieDimonsBalls]

Yes. And stop calling me Shirley.

Let us know when you want those hotel recs.

You haven’t lived until you can swim up for Mojito number 7 and it’s only 2pm

 

[TheOriginalHappyGoat]

Citizenship is solely defined by federal law, and the 14th Amendment requires someone to be BORN in this country for citizenship to attach. State “fetal personhood” statutes cannot redefine the meaning of “born” for purposes of citizenship.

The 14th Amendment does not require someone to be born for citizenship to attach. It requires citizenship to attach to anyone who was born in this country. As such, it sets a floor, not a limit, to citizenship. Federal law has extended citizenship further than the 14th Amendment requires, such as to the Indian tribes, and to children of Americans born abroad.

I'm not sure of any specific provision that restricts this power only to the federal government (although it certainly makes sense to do so).

Edit: Upon further reflection I think the Citizenship Clause in Article I can be fairly read to reserve all regulation of citizenship to the federal government.

 

[twenty02]

Iberostar Selection Paraiso Lindo in Riviera Maya.

Super great for families.

I stayed at the adults only resort there, think it was the Grand Paraiso or something like that. Great swim-up bar there, nice place, fabulous service, pretty good golf course on site too

 

[UncleMark]

Just saw a woman in Texas driving in carpool lane because she is pregnant.

Pregnant Woman Refers To Overturn Of Roe In Effort To Escape Traffic Ticket

A Texas woman driving in the high-occupancy lane was pulled over after an officer saw only one person in the vehicle.

www.huffpost.com

 

[Noodle]

The 14th Amendment does not require someone to be born for citizenship to attach. It requires citizenship to attach to anyone who was born in this country. As such, it sets a floor, not a limit, to citizenship. Federal law has extended citizenship further than the 14th Amendment requires, such as to the Indian tribes, and to children of Americans born abroad.

I'm not sure of any specific provision that restricts this power only to the federal government (although it certainly makes sense to do so).

Edit: Upon further reflection I think the Citizenship Clause in Article I can be fairly read to reserve all regulation of citizenship to the federal government.

Correct, but I was referring to the suggestion that a state law declaring personhood at conception would somehow lead to citizenship at conception. A federal law could, I suppose, make conception in the US enough for citizenship. Of course that ain’t happening

 

[TheOriginalHappyGoat]

Correct, but I was referring to the suggestion that a state law declaring personhood at conception would somehow lead to citizenship at conception. A federal law could, I suppose, make conception in the US enough for citizenship. Of course that ain’t happening

Yes, I think you are right on all counts.