ACLU Sues Trump Over Birthright Citizenship Executive Order
(truthout.org)
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The 14th Amendment says: "All persons born or naturalized in the United States, AND subject to the jurisdiction of the United States, are citizens of the United States."
There's a great big AND in there. Both conditions must be true in order for you to be a U.S. citizen.
You might have been born on U.S. soil, but you are not "subject to the jurisdiction" of the United States when you are a citizen of another country.
And if neither one of your birth parents is a citizen of the U.S., and are citizens of another country, then you're a citizen of THEIR country and NOT subject to the jurisdiction of the United States.
The 14th was passed to address the question of emancipated slaves following the Civil War. Those people were born on U.S. soil but told they were not citizens under the law.
But neither were they "subject to the jurisdiction" of any other nation, either, since they had never even been to any other nation and had no ties to any other nation.
That made them stateless persons. The ONLY nation they were "subject to the jurisdiction of" was the U.S., since that's where they were born and that's where they were living. So it was decided that they would be considered citizens on that account.
Illegal migrants are not stateless persons. They are not "subject to the jurisdiction" of the U.S. because they are already citizens of another country. And if a baby born on U.S. soil has parents which are citizens of another country, the baby is a citizen of the parents' country and is not a stateless person.
That is why birthright citizenship does not exist unless it can be shown that the person born in the United States is a stateless person - and illegal migrants are not stateless persons.
did i read this correctly, those with dual citizenship (congress critters) arent us citizens?
If they otherwise meet the requirements for U.S. citizenship, then yes, they are citizens. Above, I was talking about how to determine whether an infant born on U.S. soil is automatically a U.S. citizen or not.
However, I personally believe that anyone who claims "dual citizenship" with ANY other country should absolutely not hold any elected office, no matter how small.