His kids are US Citizens. He was in the US legally (had been given a Green Card) hence he was “under the jurisdiction of the United States”.
Regarding the “birthright” of illegals, I hope Trump or Congress or both pursue the issue. A court ruling would be a good thing to have on the record.
Can I stir the pot and ask a question which may seem odd?
How exactly do we define citizenship? The vast majority of Americans do not have a passport. So for most, the evidence of citizenship would be a birth certificate.
Naturalized citizens have documentation of their naturalization. But most of us don’t have any documentation of being American except the birth certificate.
And for passport holders, in my case I recall the key document to get a passport was the birth certificate.
Noting that I’m not a citizenship judge, Sen. Jacob Howard, the author of the jurisdiction clause, had noted that citizens pay taxes. So did your friend file federal tax returns while he had the three children?
Of course they are——my mother hadn’t yet become a citizen when my brother and I were born.
,
>>>My co-worker argues that his kids are not citizens and Trump’s EO and the 14th amendment would kick them out<<<
POTUS Trump’s EO would and could not be Retroactive, unlike FDR’s EO that imprisoned American Citizens of Japanese Descent.
The 14th was never intended to apply to foreigners.
Any foreigners.
The Supreme Court stretched it to cover the children of foreigners here legally in Wong Kim Ark, but did not extend it to illegal aliens.
That was done administratively sometime in the 1960’s.
An executive order can remedy that.
Children of foreign nationals inherit the nationality(ies) of their foreign national parent(s).
That’s why the children of foreign nationals are NOT natural born citizens.
That’s also how Ted Cruz acquired US citizenship being born in Canada. A citizen by extension of his mother’s citizenship, but not a natural born citizen.
What was the mother’s status?
Your Canuck friend is a liberal Democrat, and his argument is solely for the purpose of inflammation. I say take two Tylenol long lasting and tell him to shove off. His kids are native, but not natural born citizens...
He couldn’t possibly have kids all by himself. What is the citizenship status of his wife or girlfriend or surrogate?
It’s my understanding that as long as the children are under a certain age, not sure what age, they also receive citizenship. Adult children would have to apply for their own citizenship.
Legal residents’ children born here can have birthright. If they weren’t born here, maybe they should have a path to citizenship once the parent is a citizen.
And student visas must be separate status. If you are only here on a student visa, your kids should not get anything and maybe you should all be deported. If you come here to study, don’t get knocked up. It’s a loophole and student visas are so easy to get.
Birthright should only be for children of citizens and legal residents, not work exchange or student.
Mikelets456,
What citizenship did their mom have?
Since he is naturalized, the way it used to be was, his kids will be given a choice when they are 18 if they want their original Canadian citizenship or choose American citizenship (or the latest fad, both). They will not be ‘kicked out’ because they are legally under the custody of a now-naturalized American citizen. If, at 18, those children refuse American citizenship and claim Canadian citizenship instead, then different rules would apply to them once they did that, vis a vis work permits, voting, taxes, etc. Not sure how all the taxes, work permits etc stuff works for dual citizens.
