Comment by declan_roberts
1 year ago
Birthright citizenship is one of those things that I thought was with us since the beginning. Turns out I was wrong.
1 year ago
Birthright citizenship is one of those things that I thought was with us since the beginning. Turns out I was wrong.
It basically was. The common law doctrine of citizenship by birth prevailed from the founding up to Dred Scott.
The reason it is uncommon worldwide is because nobody practices common law outside of the Anglophone former colonies and England itself. England had absolute birthright citizenship right up until Thatcher
Yep, jus soli. And Dred Scott overruled that for blacks. And (after the Civil War which was about slavery) the 14th Amendment overturned Dred Scott with birthright citizenship.
I believe it now doesn't apply for to parents that are here illegally. Not taking sides but just pointing the nuance
Did you read the executive order? It clearly states it also covers parents that are here legally through visas like H, F etc... It is not just about illegal immigration. E.g. if you work in the US on H and have a kid with a student on F visa, the kid will not be a US citizen going forward (starting in 30 days).
I'd be curious to hear the argument that people legally working or studying here aren't "subject to jurisdiction" of. People on H1B for a while file the exact same taxes citizens file (because they're US persons for tax purposes). Not sure how are they legally not subject to jurisdiction of?
In any angle of view, those people are clearly subject to the jurisdiction of the United States.
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Not a US citizen here so I may miss some nuances.
I’d think the “tourist VISA” part makes sense after all.
The “work VISA” part is strange, as you say. If I’m on a 15 days business trip, could make sense. If on a multi-year H1B… well, it sucks.
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This will surely dissuade people from coming to work on work visa. It’s a big step to relocate your carrier to another country. If there is no perspective to fully commit and plan proper migration, then there is less motivation to even go in the first place.
I believe that historically, the primary group of people who are "not subject to the jurisdiction of the United States" are diplomatic personnel from other countries. Those people actually are not subject to U.S. jurisdiction.
How would the country work without it? Thousands of non-citizens would be added to the country on a daily basis.
Establishing citizenship was less important when the US had open borders, which it more or less did for most of its existence.