https://babel.hathitrust.org/cgi/pt?id=mdp.39015076202954;view=1up;seq=1;skin=mobile
Posted on 04/22/2016 10:14:11 AM PDT by SeekAndFind
Foreign Affairs Manual: 7 FAM Consular Affairs
7 FAM 1130
ACQUISITION OF U.S. CITIZENSHIP BY BIRTH ABROAD TO U.S. CITIZEN PARENT
(CT:CON-636; 02-24-2016)
(Office of Origin: CA/OCS/L)
7 FAM 1131 BASIS FOR DETERMINATION OF ACQUISITION
7 FAM 1131.1 Authority
7 FAM 1131.1-1 Federal Statutes
(CT:CON-349; 12-13-2010)
a. Acquisition of U.S. citizenship by birth abroad to a U.S. citizen parent is governed by Federal statutes. Only insofar as Congress has provided in such statutes, does the United States follow the traditionally Roman law principle of “jus sanguinis” under which citizenship is acquired by descent (see 7 FAM 1111 a(2)).
[Note, the statutory laws stated above only have the power to make naturalized citizens.]
7 FAM 1100
ACQUISITION AND RETENTION OF U.S. CITIZENSHIP AND NATIONALITY
7 FAM 1110
ACQUISITION OF U.S. CITIZENSHIP BY BIRTH IN THE UNITED STATES
7 FAM 1112 what is birth “in the united states”?
“I always thought it was US soil which means the actual place someone was born was the most important thing, not one or both parents being a citizen.”
(CT:CON-538; 10-242014)
a. INA 101(a)(38) (8 U.S.C. 1101 (a)(38)) provides that “the term ‘United States,’ when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.”
b. On November 3, 1986, Public Law 94-241, “approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America”, (Section 506(c)),took effect. From that point on, the Northern Mariana Islands have been treated as part of the United States for the purposes of INA 301 (8 U.S.C. 1401) and INA 308 (8 U.S.C. 1408). (See 7 FAM 1120 Acquisition of U.S. Nationality in U.S. Territories and Possessions.)
c. The Nationality Act of 1940 (NA), Section 101(d) (54 Statutes at Large 1172) (effective January 13, 1941 until December 23, 1952) provided that “the term ‘United States’ when used in a geographical sense means the continental United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States.” The 1940 Act did not include Guam or the Northern Mariana Islands as coming within the definition of “United States.”
d. Prior to January 13, 1941, there was no statutory definition of “the United States” for citizenship purposes. The phrase “in the United States” as used in Section 1993 of the Revised Statues of 1878 clearly includes states that have been admitted to the Union. (See 7 FAM 1119 b.)
e. INA 304 (8 U.S.C. 1404) and INA 305 (8 U.S.C. 1405) provide a basis for citizenship of persons born in Alaska and Hawaii, respectively, while they
7 FAM 1113 Not Included in the Meaning of “In the United States”
a. Birth on U.S. Registered Vessel On High Seas or in the Exclusive Economic Zone: A U.S.-registered or documented ship on the high seas or in the exclusive economic zone is not considered to be part of the United States. Under the law of the sea, an Exclusive Economic Zone (EEZ) is a maritime zone over which a State has special rights over the exploration and use of natural resources. The Exclusive Economic Zone extends up to 200 nautical miles from the coastal baseline. A child born on such a vessel does not acquire U.S. citizenship by reason of the place of birth (Lam Mow v. Nagle, 24 F.2d 316 (9th Cir., 1928)).
b. A U.S.-registered aircraft outside U.S. airspace is not considered to be part of U.S. territory. A child born on such an aircraft outside U.S. airspace does not acquire U.S. citizenship by reason of the place of birth.
c. Birth on U.S. Military Base Outside of the United States or Birth on U.S. Embassy or Consulate Premises Abroad:
(1) 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 14th Amendment. A child born on the premises of such a facility is not born in the United States and does not acquire U.S. citizenship by reason of birth.
(2) The status of diplomatic and consular premises arises from the rules of law relating to immunity from the prescriptive and enforcement jurisdiction of the receiving State; the premises are not part of the territory of the United States of America. (See Restatement (Third) of Foreign Relations Law, Vol. 1, Sec. 466, Comment a and c (1987). See also, Persinger v. Iran, 729 F.2d 835 (D.C. Cir. 1984).
d. Birth on Foreign Ships In Foreign Government Non-Commercial Service:
(1) A child born on a foreign merchant ship or privately owned vessel in U.S. internal waters is considered as having been born subject to the jurisdiction of the United States. (See U.S. v. Wong Kim Ark.)
(2) Foreign warships, naval auxiliaries, and other vessels or aircraft owned or operated by a State and used for governmental non-commercial service are not subject to jurisdiction of the United States. Persons born on such vessels while in U.S. internal waters (or, of course, anywhere else) do not acquire U.S. citizenship by virtue of place of birth.
e. Alien Enemies During Hostile Occupation:
(1) If part of the United States were occupied by foreign armed forces against the wishes of the United States, children born to enemy aliens in the occupied areas would not be subject to U.S. jurisdiction and would not acquire U.S. citizenship at birth.
(2) Children born to persons other than enemy aliens in an area temporarily occupied by hostile forces would acquire U.S. citizenship at birth because sovereignty would not have been transferred to the other country. (See U.S. v. Wong Kim Ark.)
Ted Cruz would make a fine conservative President. Realistically, that may not happen in 2016, or ever. Regardless, I look forward to the next judicial defeat of the birther fever swamp.
“Well, I’d like you to show me a quote or a writing by the framers (anyone) specifically referring to his work when they spoke about being a natural born citizen.”
Why would you expect the “framers” to necessarily have made a specific reference to Vattel and his works with regard to the natural born citizenship clause when in fact the prohibition against persons born abroad serving as officers in the government was the norm in English and British law for many hundreds of years and long before Vattel was even born?
> My previous law school monicker, at graduation, was Salutatorian
Well, that explains your arguments implicitly relying on [the validity of] lesser authorities to redefine the constitution.
It seems that law school is a great place to be indoctrinated that “the constitution means whatever the supreme court says it does” — despite that the Constitution explicitly commissions the supreme court and therefore must be of greater authority than that court... you flip things on their heads so that the servant is greater than the master, so that the messenger is of more authority than the one sending him.
https://babel.hathitrust.org/cgi/pt?id=mdp.39015076202954;view=1up;seq=1;skin=mobile
What point are you trying to make?
Thanks for sending that. I didn’t realize there was another law passed in 1940. I thought it went from 1934 to 1952.
Importantly, 1784 is only three years prior to the Constitutional Convention.
“Kindred blood flows in the veins of American citizens” Alexander Hamilton, Federalist Papers.
Now its unkindred.
“Congress may by the Constitution establish an ‘uniform rule of naturalization’ that is, by what rule an alien can become a citizen” Thomas Jefferson 1806
http://rotunda.upress.virginia.edu/founders/default.xqy?keys=FOEA-search-1-4&expandNote=on#match1
there is virtually no chance the high court will consider the appeal, partly because they do not want to encourage a wave of similar suits.
This avoidance by the court on serious issues is detrimental to the country. They should have taken a case o0r all the cases on obama and rendered decision and the same for anyone else .
1790. Library Congress U. S. Laws, statutes, etc
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