and subject to the jurisdiction thereof

A notable, and overlooked, part of the 14th amendment.  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.

Up to now, it’s been interpreted by basically being ignored when it comes to illegals– ie, those who are not subjecting themselves to our country’s jurisdiction.

I’m curious if it’s been applied to give citizenship to the children of ambassadors and their staff– they’re here legally, but are “subject” to the country they’re representing.

This is an an outstanding way to get it argued in court…and makes me wonder what exactly Trump is releasing rabbits for.

12 thoughts on “and subject to the jurisdiction thereof”

  1. I could see it extending to ambassadors and staff… as we have determined that their presence is not a violation of our law. Should there be a birth before the departure of one who has become persona non grata then it could get interesting.

    1. Traditionally, official reps of other countries are treated like everything happened in their home country– same way our military guys when deployed don’t have to worry about their kids having American citizenship.

      1. Alright, that makes sense. So we simply declare any “undocumented” folks to be ambassadors, AND persona non grata? That would neatly bypass a LOT of things, yes? (And start another argument, of course. And no, they as p-n-g do NOT get diplomatic immunity: They get…. shown the door.

  2. If the illegal aliens can be arrested for illegal activity, it would seem to apply to them as well. I think the ambassadorial family members get something akin to treatment of the ambassador, so aren’t under the jurisdiction of US courts.

  3. If an American marries and moves to another country, then has a child with his/her spouse in that other country, the child has American citizenship because of his/her American parent, right?

  4. The 14th Amendment was written that way so that the former Confederate States could not deny citizenship to former slaves. This became extended to the children of legal immigrants later on. I think that the Supreme Court has only opined that it applies to anyone–even the children of illegal immigrants and foreign vacationers–born in the United States since 1982. So, the concept of giving anchor babies citizenship is not very old at all, and we should get rid of this crazy idea. Give citizenship to the children of legal immigrants but not illegal immigrants.

  5. Which is what annoys me so much about everyone saying “Trump thinks he can end birthright citizenship.”

    No, Trump thinks there’s a loophole…

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