Here parents were here on student visas. The person claiming citizenship must be under the jurisdiction of the United States for them to claim birthright citizenship. Student vistas leave you under your home countries jurisdiction.
"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."
That is not accurate. There is nothing that says that. A child born in the IS is a natural born citizen unless one of the 2 exceptions I mentioned above exists. I’m not saying I agree with this definition, but unless the Supreme Court clarifies the definition of natural, born citizen, she is considered a natural, born citizen
It is 100% accurate. It is literally the first sentence in the 14th amendment of the Constitution.
"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."
The 14th amendment was enacted in 1868. The legal ruling clarifying the 14th amendment was in 1898. The last time I looked at a calendar 1898 was AFTER 1868.
In Wong Kim Ark, the Supreme Court (1898) identifies two specific examples of people not subject to U.S. jurisdiction:
She does not fall into either category.
Here parents were here on student visas. The person claiming citizenship must be under the jurisdiction of the United States for them to claim birthright citizenship. Student vistas leave you under your home countries jurisdiction.
"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."
That is not accurate. There is nothing that says that. A child born in the IS is a natural born citizen unless one of the 2 exceptions I mentioned above exists. I’m not saying I agree with this definition, but unless the Supreme Court clarifies the definition of natural, born citizen, she is considered a natural, born citizen
It is 100% accurate. It is literally the first sentence in the 14th amendment of the Constitution.
"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."
The 14th amendment was enacted in 1868. The legal ruling clarifying the 14th amendment was in 1898. The last time I looked at a calendar 1898 was AFTER 1868.