I just want to say we are all very lucky to have an esteemed U.S. Constitutional legal expert such as yourself on the forum.
Children born to foreign nationals
The Fourteenth Amendment provides that children born in the United States and subject to its jurisdiction become American citizens at birth. The principal framer
John Armor Bingham said during the
39th United States Congress two years before its passing:
[41]
I find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural-born citizen; but, sir, I may be allowed to say further that I deny that the Congress of the United States ever had the power, or color of power to say that any man born within the jurisdiction of the United States, not owing a foreign allegiance, is not and shall not be a citizen of the United States. [emphasis added]
At the time of the amendment's passage, President
Andrew Johnson and three senators, including Trumbull, the author of the Civil Rights Act, asserted that both the Civil Rights Act
[42][43] and the Fourteenth Amendment would confer citizenship to children born to
foreign nationals in the United States.
[44][45] Senator
Edgar Cowan of Pennsylvania had a decidedly different opinion.
[46] Some scholars dispute whether the Citizenship Clause should apply to the children of
unauthorized immigrants today, as "the problem ... did not exist at the time".
[47] In the 21st century, Congress has occasionally discussed passing a statute or a constitutional amendment to reduce the practice of "
birth tourism", in which a foreign national gives birth in the United States to gain the child's citizenship.
[48]
The clause's meaning with regard to a child of immigrants was tested in United States v. Wong Kim Ark (1898).[49] The Supreme Court held that under the Fourteenth Amendment, a man born within the United States to Chinese citizens who have a permanent domicile and residence in the United States and are carrying out business in the United States—and whose parents were not employed in a diplomatic or other official capacity by a foreign power—was a citizen of the United States. Subsequent decisions have applied the principle to the children of foreign nationals of non-Chinese descent.[50]
According to the
Foreign Affairs Manual, which is published by the
State Department, "Despite widespread
popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities abroad are not part of the United States within the meaning of the [Fourteenth] Amendment."
[51]
en.wikipedia.org
It's a fucking wiki article, Earp.
If you think you can pretend shit doesn't exist simply by being snide, Wiki exists to confound you.