Protecting the Meaning and Value of American Citizenship(whitehouse.gov) |
Protecting the Meaning and Value of American Citizenship(whitehouse.gov) |
Well, at least they aren't trying to enforce this retroactively.
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
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?
Legal Eagle has a good rundown of this: https://www.youtube.com/watch?v=knH3v5aEe_g
Certainly reminiscent of Bannon's shock and awe strategy from '16
Read it again and you can clearly see that it is for those who are *not born to permanent "US citizens" or "lawful permanent residents"*.
>>> (c) Nothing in this order shall be construed to affect the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States citizenship.
Is there a specific submission that you feel should be getting a discussion on HN? Keep in mind that the mandate here is thoughtful conversation about stories that gratify intellectual curiosity (https://news.ycombinator.com/newsguidelines.html).
Very few countries have a huge statue at the entrance of a major port with a big bronze plaque bearing the message "Give me your tired, your poor, Your huddled masses yearning to breathe free (...)".
The important distinction is that this order is only for:
>>> those who are NOT born to permanent "US citizens" or "lawful permanent residents".
This order does NOT affect children born IN the US to US citizens or "lawful permanent residents" while the OP suggested that this order was "ending birthright citizenship in America" which that is totally false, otherwise it would have included everyone including US citizens or permanent residents, but it does not.
Only for those who are NOT born to permanent "US citizens" or "lawful permanent residents".
>or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
It specifically says the child of someone here on a work visa would not be a citizen. If that person became a citizen or permanent resident after the child’s birth, the child would need to pursue residency/citizenship through their own merit as a non-citizen.
What visa is given to non citizens born while in the US I wonder?
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.
There's many cases as well like the Gitmo cases that explain what "jurisdiction" means, and it doesn't even simply mean whether or not you are on US soil, but can be subjected to US laws, even when overseas.
Wife came here very pregnant, overstayed her travel visa, had her baby and their child is a US citizen.
He's a green card holder now, but he was genuinely just thinking about his kid's future.