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No person can assert their citizenship as fact, it's the state issuing the birth certificate that asserts it as fact. And it is the U.S. State Department questi
by cmurf 8y ago
No person can assert their citizenship as fact, it's the state issuing the birth certificate that asserts it as fact. And it is the U.S. State Department questioning the veracity of the issuing state. Upon being born a person isn't even sentient, they learn of their citizenship over decades through indoctrination and then accept it as an established fact. And then, the state department issued a passport at one time means they at one time accepted the veracity of the birth certificate as issued by the state government.
I'm not a lawyer but I'd ask a court to rule the burden of proof is on the state department. Not the individual.
And shame on any issuing state that doesn't come to the defense of someone they claim is one of their citizens.
- nikdaheratik 8y agoThe problem is that the system doesn't work like that at all. If you have the money to hire an immigration lawyer, then you can probably get this sorted out. However, Texas and other states wouldn't have the ability to directly intervene in an individual case because the Constitution doesn't allow them to have a say in foreign affairs. They can sue the US government to get them to stop certain actions, but the Attorney General for that state is the one who makes the call here, and that is always a political consideration. Basically, the laws are written under the assumption that the people running these Departments would have a strong interest in protecting US citizens and wouldn't use their power to do massive discrimination. So you're left with getting either Congress or the Courts to intervene which takes time.