"Indeed, during debate over the amendment, Senator Jacob Howard, the author of the citizenship clause, attempted to assure skeptical colleagues that the language was not intended to make Indians citizens of the United States. Indians, Howard conceded, were born within the nation’s geographical limits, but he steadfastly maintained that they were not subject to its jurisdiction because they owed allegiance to their tribes and not to the U.S. Senator Lyman Trumbull, chairman of the Senate Judiciary Committee, supported this view, arguing that “subject to the jurisdiction thereof” meant “not owing allegiance to anybody else and being subject to the complete jurisdiction of the United States.
Jurisdiction understood as allegiance, Senator Howard explained, excludes not only Indians but “persons born in the United States who are foreigners, aliens, [or] who belong to the families of ambassadors or foreign ministers.” Thus, “subject to the jurisdiction” does not simply mean, as is commonly thought today, subject to American laws or courts. It means owing exclusive political allegiance to the U.S.
RE: It means owing exclusive political allegiance to the U.S.
That would disqualify even children born from those who come here as green card holders.
Those who legally apply for permanent residency do so with the INTENT of becoming American citizens.
Rubio’s parents, Jindal’s parents and Cruz’s father all went through this process.
You don’t come to the US and become a citizen overnight. You live here for at least 5 years before you qualify to apply for citizenship.
In the meantime they are technically “not in exclusive political allegiance” to the USA, no matter how much they desire to BE Americans.
So, a strict interpretation of “ exclusive political allegiance to the U.S.” would make Rubio a Cuban at birth and Jindal and Indian at birth.