Why Keeping the DACA Nightmares Here is Unconstitutional.

The way to defeat the Left, is not to argue against their false and made up premises with facts and logic, although that is the trap Republicans always fall into, the way to defeat the Left is to trump (sorry) their talking points and lies, (pretty much the same thing) with brand new and compelling arguments which never would have crossed their minds. So I came up with a legal theory as to why keeping the DACA Nightmares here, is unconstitutional.

Language is everything, so please always use the term DACA Nightmares, never Dreamers. Dreamer was picked specifically in reference to, and connection with, “The American Dream.” This is to promote sympathy, guilt, confusion, distorted loyalty, manipulation, control, and victory for the Left. Don’t fall for it. The American Dream is for Americans, legal immigrants, and those who aspire to come here legally. It can never be used for illegal aliens.

The Left always starts a campaign the same way. Somewhere in an undisclosed bunker are the creative writers that come up with the talking points. These are distributed to the Leftist media who repeat them like mantras. Then they find “evidence,” so called, to back up their made up talking points. And to seal the deal, the Leftist media questions Republicans with the talking points, none of which can be answered well because they are pure propaganda, but which the Republicans dutifully fall into the same trap every time by trying to use logic and facts to defeat purely emotional arguments, and as such look completely foolish and guilty on all the Leftist news and talk shows.

Let’s analyze the DACA talking points around the Nightmares, and then I’ll give you a legal theory you can use to confuse, disorient, challenge, send the Leftists back to their research and talking point writers, and win, not by refuting their contentions alone, but by completely original and better arguments, legal theories, and practices. The Left says: “They were brought here as children, this is the only country they know, they just want a better life, they are contributing and paying taxes, we can’t break up families, they have a right to be here, it’s not fair!”

1. “They were brought here as children.” That means their parents made criminals out of their children, or at the very least, are guilty of contributing to the delinquency of minors. So the parents need to be arrested and pay reparations to this country for burdening us not only with themselves, but with their children, and taking up space in over-crowded schools, getting a free education because of a bogus Supreme Court decision called Plyler v Doe, busting budgets, and living off American and legal immigrant taxpayers. Also, children are adaptable. I was forced to grow up in three countries. The Nightmares had two, their home country and our country. They will adapt. Adults can adapt too.

2. “This is the only country they know.” You don’t honestly believe that, do you? You think their parents taught them English as a first language? Right. Since they came illegally there is no way to know how many times they came illegally, went home, kept up with the family, and came back illegally.

3. “They just want a better life.” Who doesn’t? So does the Mafia, drug dealers, violent gangs, embezzlers, extortionists, bank robbers, muggers, thieves, home invaders, tax cheats, and yes, illegal aliens. The difference from honest, law abiding people, including lawful immigrants, is that the honest folks work for it and follow the law.

4. “They are contributing and paying taxes.” That is illegal. They are not allowed to be here, so they are certainly not allowed to contribute, and certainly not allowed to pay taxes. You can’t allow criminals to buy their way into citizenship or residency bribing us with money. They can’t contribute, so anything mistakenly collected is simply asset forfeiture for gains from a criminal enterprise, that of living here illegally. So if a bank robber invests in a company, makes a profit, pays taxes, and makes a fortune on stolen money, does that mean they are “contributing” and can keep all their money? Hardly. But then again, illegal aliens get better treatment from the Left than American citizens do.

5. “We can’t break up families.” Sure we can. Those families are a result of illegal aliens coming to our country, birthright citizenship, and chain migration which results from birthright citizenship, both of which constitutionally don’t exist. Families are broken up all the time. Have you seen the divorce rate? How about lengthy military deployments? What about prison terms? None of this stops splits in families.

6. “They have a right to be here.” No — they do not. They have no rights, no constitutional rights, they are here illegally, they can’t be here, so they certainly have no right to anything here. It is irrational to think people have rights here who can’t be here.

7. “It’s not fair.” Fair to whom? The mistake conservatives and Republicans always make is letting the Left dictate that the debate always start with being fair to someone else, in this case to the Nightmares, like we have to solve their problem of being here by finding a way to allow them to stay. When in reality the question of fairness is fairness to Americans and legal immigrants. Is it fair to let people gain from a criminal act they consciously choose to commit, every day, for years at a time? Would you let the bank robber keep their money if otherwise they lead a somewhat decent life? Is it fair to taxpayers, hospitals, schools, the unemployed, legal immigrants waiting to come here, legal immigrants here, and anyone eligible for limited government services, to have illegal aliens at the front of the line?

LIFE — ISN’T — FAIR! It isn’t fair to this country to be burdened by illegal aliens. It isn’t fair that the Left continually manipulates public opinion and wins. And strangely, it isn’t fair to the Nightmares to let them stay here, nor is it fair to their country of nationality to let them stay here. And that brings us to why it is UNCONSTITUTIONAL to do anything else, but return them to their country of citizenship. Any Nightmare who is still a minor is the responsibility of their illegal alien parents, and in the interest of “keeping their family together,” including any extended family here by chain migration, all must be returned to their home country.

Never say, “deported,” say instead, “returned.” Deported, means they did something wrong and had to leave. Returned, means they never should have been here in the first place.

Now, did I fall into the liberal trap and argue against their bogus talking points? Yes, and no. Yes, I answered them. But no, because I used completely new arguments that were way outside the box of guilt the talking point is designed to put you in.

The argument of why it is unconstitutional not to return DACA Nightmares, and all illegal aliens, starts with the 14th Amendment. This defined who gets citizenship, and therefore full constitutional rights. It starts with those who are born or naturalized in the United States. That covers the first clause of the 14th Amendment. However the key, is in the second clause.

The second clause of the 14th Amendment continues, “and subject to the jurisdiction thereof.” Now, there are two types of jurisdiction: geographically within a country, and nationally by citizenship. The first we all know about, geographically. The second definition has been kept from you in order to manipulate you to accept illegal aliens and Nightmares. Jurisdiction in the second definition refers to your country of citizenship, the country that has jurisdiction over you because you are subjects of them, the country that has responsibility for you, the country of your allegiance, the country you contribute to, including taxes, the country who issues you a birth certificate and passport, the country whose embassy you will run to if in a foreign country and in trouble, and the country where you share your productivity, the benefits of your education, and the work, innovations, inventions, resourcefulness, and impact you as an individual have on yourself, your family, your community, and your country, all of which is denied your country if you are an illegal alien in the United States. Unless, you leave your country and emigrate to the U.S., or somewhere else, legally. In which case it is the United States, or another country, whose jurisdiction you fall under.

*** The United States has no right to keep illegal aliens, because we are illegally and unconstitutionally denying subject jurisdiction to their country of citizenship, per the 14th Amendment.

Now the exception to the above is refugees, whose home country would actively persecute, prosecute, imprison, torture, and kill them. And we have a procedure in place to honor this.

To understand the 14th Amendment and its intention, you have to go back to the original debate in Congress by the people who wrote it. I have a section here from the website of NumbersUSA and the page, Fourteenth Amendment Debate:


“Subject to the jurisdiction”

The jurisdiction requirement was added to the original draft of the Fourteenth Amendment by the Senate after a lengthy and acrimonious debate. In fact, Senator Jacob Merritt Howard of Michigan proposed the addition of the phrase specifically because he wanted to make clear that the simple accident of birth in the United States was not sufficient to justify citizenship. Sen. Howard noted that the jurisdiction requirement is “simply declaratory of what I regard as the law of the land already.” Sen. Howard said that “this will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.”

Sen. Reverdy Johnson of Maryland, who was the only Democrat to participate in the Senate debate, was even more explicit about the meaning of the jurisdiction requirement: “[A]ll persons born in the United States and not subject to some foreign Power — for that, no doubt, is the meaning of the committee who have brought the matter before — shall be considered as citizens of the United States.” Sen. Johnson’s reading of the jurisdiction requirement also is consistent with our naturalization requirements. Since at least 1795, federal laws governing naturalization have required aliens to renounce all allegiance to any foreign power and to support the U.S. Constitution. Such allegiance was never assumed simply because the alien was residing in the United States; instead an affirmative oath was required.

Sen. Lyman Trumbull of Illinois, one of the principle authors of the 14th Amendment, said that “subject to the jurisdiction of the United States” meant subject to its “complete” jurisdiction, meaning “not owing allegiance to anybody else.”

Here is the site page: https://www.numbersusa.com/content/learn/ethics-population-and-immigration/fourteenth-amendment-debate.html


*** If the debate on the 14th Amendment makes it crystal clear that citizenship and constitutional rights do not extend to those born here by accident, planned vacation, illegal alien border crossing, or any other reason besides lawful qualification to be citizens, then how can it be possible that people born OUTSIDE the United States have any claim to anything here, or anything about, the United States?

Therefore, to allow DACA Nightmares to remain here is blatantly unconstitutional as a violation of the 14th Amendment, which, in prescribing who does have constitutional rights, and is eligible for citizenship, also prescribes who does not. And it prescribes who has subject jurisdiction over all DACA Nightmares and all illegal aliens. It is their country of citizenship. The United States violates the rights and responsibilities of the country of jurisdiction, by interning their citizens within the United States.

Also, the DACA question is not a United States problem, therefore, there can not be a United States solution. Since illegal aliens can’t be here, and since we have no national jurisdiction over them, they are the problem, and responsibility, solely of their country of citizenship to whom they are subject. So the answer for us, is no answer, since any answer requiring the actions of our government other than returning them are illegal, since those actions keeping them here would be imposed on foreign nationals to whom we have no jurisdiction.

And now to the last point. It is illegal for us to keep the DACA Nightmares here because it is a violation of their rights to the country from whom they are subject to national jurisdiction, and have allegiance and citizenship. Go back up to the debate on the 14th Amendment where it says, “Since at least 1795, federal laws governing naturalization have required aliens to renounce all allegiance to any foreign power and to support the U.S. Constitution.” To my knowledge, no Nightmare has ever publicly renounced allegiance to their country of birth and citizenship. They are proudly and arrogantly here demanding everything this country has to offer, while specifically NOT renouncing the country of their birth and citizenship. Nor is our government requiring them to.

*** Since there is no requirement for the Nightmares to renounce their citizenship and allegiance to their country of birth and subject jurisdiction, nor should there be, it is a violation of the rights of the Nightmares to keep them here, away from their country of citizenship and allegiance, and so they must be returned.

And that is why all Nightmares, and all illegal aliens, must be “returned.” It is to honor their rights and allegiance as citizens of other countries, and to honor the responsibilities and laws of their country of jurisdiction to whom they are subject.


Greg Penglis is the morning host at 1330 AM WEBY, 6-9 Central time. He is turning “talk radio” into “action radio,” by creating a “citizen legislature” out of the radio/internet audience. He also authored “The Complete Guide to Flight Instruction,” a blunt critique of our flight training system, and how best to get through it.

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