To: Pearls Before Swine
You'd probably say she's not even though her birth certificate lists two American citizens as her parents. She is genetically the child of one of them so under the principle of Jus Sanguinis she's definitely an American citizen but under Jus Soli, she could be (depending on the laws of the UK) a dual citizen.
I don't understand the origins of the State Dept's policy for this case.
47 posted on
08/31/2020 4:52:28 PM PDT by
newzjunkey
(Vote Giant Meteor in 2020)
To: newzjunkey
I don't understand the origins of the State Dept's policy for this case.
Because the State Department initially ruled her as "not a citizen". She's biologically the kid of a US citizen, so I don't see how they justified that correctly.
U.S. District Judge Michael Brown wrote in an order issued Thursday that the girl is not required to be biologically related to both of her U.S. citizen parents to be eligible for citizenship.
This is obviously incorrect. First, in this case, the girl IS biologically related to one of the parents. Second, if she wasn't, then she shouldn't be a citizen, so this statement is wrong both on an underlying fact, and the judge's conclusion. If the judge is correct, then anybody overseas can find two random Americans and have them claim any kids to make them US citizens.
And because Gregg, the biological parent, hadnt lived in the U.S. for five years prior to Simones birth, the State Department determined Simone was not a U.S. citizen.
...
while Gregg was born in London to a U.S. citizen mother and British father and was raised in London with dual citizenship.
I don't get this part. Gregg had citizenship from birth, so what's with the five year requirement? He's a citizen, so his biological kids should be citizens too. But even without all this, there's no question the kid is eligible for citizenship. The only possible question is whether it would be automatic or require naturalization. And since Dad's a citizen, it should be automatic.
To: newzjunkey
If you read the article you can see their logic which is based on other precedence like the five year immediate residency requirement and whatnot
This is not like a sanctioned marriage ....homo or not....was on vacation in London and a birth happened
Its more complicated
The state department is hardly a bastion of conservative reflection
94 posted on
09/02/2020 10:10:10 AM PDT by
wardaddy
(I applaud Jim Robinson for his comments on the Southern Monuments decision ...thank you run the tra)
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