4 ms·
> A stricter interpretation of "subject to the jurisdiction." means it should require complete, exclusive allegiance to the U.S., which might not apply to child
by joshuamorton 2y ago
> A stricter interpretation of "subject to the jurisdiction." means it should require complete, exclusive allegiance to the U.S., which might not apply to children of undocumented immigrants due to their parents' legal status or nationality.
This would imply that neither jus soli nor jus sanguinis citizenship would be applied to the children of US citizens who hold dual citizenship, that wouldn't fly at all, given that it would leave such folks entirely stateless.
> The socio-political context has changed.
This does not matter to a textualist reading of the constitution, which the majority of members of the current court claim to apply.
> The fact that children of diplomats do not automatically gain citizenship due to not being "subject to the jurisdiction" in the fullest sense could be expanded to include children of undocumented immigrants, arguing that these parents, too, are outside full U.S. jurisdiction.
The counter to this is that undocumented immigrants would be totally outside of the jurisdiction of any US legal enforcement except for deportation. The local police cannot arrest or detain someone who is outside of their jurisdiction. If a parent is outside of the US jurisdiction, they have some equivalent of diplomatic immunity. You can't say "you're under jurisdiction of the US for law enforcement purposes, but not for immigration purposes".