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To: jamese777; muawiyah; kellynla
The landmark US Supreme Court testing the citizenship clause of the 14th Amendment was the case of United States v. Wong Kim Ark from 1898. In a 6-2 decision the Supreme Court held that the Chinese immigrant Wong Kim Ark was a citizen at birth under the Fourteenth Amendment. A child born in the United States of parents of foreign descent who, at the time of the child’s birth are subjects of a foreign power but who have a permanent domicile and residence in the United States and are carrying on business in the United States, and are not employed in any diplomatic or official capacity under a foreign power, and are not members of foreign forces in hostile occupation of United States territory, becomes a citizen of the United States at the time of birth.

But they were legal residents of the US. SCOTUS has never ruled on whether the 14th amendment citizenship applies to the children of illegal aliens born in the US.

293 posted on 08/04/2009 9:08:46 AM PDT by Paleo Conservative
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To: Paleo Conservative

Absolutely ~ the “born here” deal in that decision relies on a three part test. You must run the test first.


354 posted on 08/05/2009 6:37:31 AM PDT by muawiyah
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