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.
The clause's meaning with regard to a child of immigrants was tested in United States v. Wong Kim Ark (1898).[49] The Supreme Court held that under the Fourteenth Amendment, a man born within the United States to Chinese citizens who have a permanent domicile and residence in the United States and are carrying out business in the United States—and whose parents were not employed in a diplomatic or other official capacity by a foreign power—was a citizen of the United States. Subsequent decisions have applied the principle to the children of foreign nationals of non-Chinese descent.[50]
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.
The clause's meaning with regard to a child of immigrants was tested in United States v. Wong Kim Ark (1898).[49] The Supreme Court held that under the Fourteenth Amendment, a man born within the United States to Chinese citizens who have a permanent domicile and residence in the United States and are carrying out business in the United States—and whose parents were not employed in a diplomatic or other official capacity by a foreign power—was a citizen of the United States. Subsequent decisions have applied the principle to the children of foreign nationals of non-Chinese descent.[50]