Clarify that temporary visits to the U.S. do not establish U.S. residence;
Explain the distinction between residence and physical presence in the United States;
Should significantly reduce "birth tourism."
Original intent of the 14th Amendment
Senator Jacob Howard (served on the Senate Joint Committee on Reconstruction, which drafted the 14th) clearly spelled out the intent of the 14th Amendment by stating:
"Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."
Sen. Lyman Trumbull, Chairman of the Judiciary Committee, author of the Thirteenth Amendment, and the one who inserted the phrase (All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the States wherein they reside):
[T]he provision is, that 'all persons born in the United States, and subject to the jurisdiction thereof, are citizens.' That means 'subject to the complete jurisdiction thereof.' What do we mean by 'complete jurisdiction thereof?' Not owing allegiance to anybody else. That is what it means.
Sen. W. Williams:
I understand the words here, 'subject to the jurisdiction of the United States,' to mean fully and completely subject to the jurisdiction of the United States.
Senator Jacob Howard states the intent of the Fourteenth Amendment published in the Congressional Record May 30, 1866.
https://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=11
We have, at a minimum, 3 different Senators who were involved in drafting the 14th Amendment, stating on record in Congress that subject to the jurisdiction can not, does not, apply to foreigners or aliens (even if here legally).
The only thing missing for correcting the wrong introduced in the 1960's, is political will. We must do the right thing, and return to original intent of the 14th!.
IF you are here illegally then, you are visiting temporarily and unlawfully...
Problem clarified and solved
“Should significantly reduce “birth tourism.”
BINGO. There was a Daily Mail article how Chinese and Russian pregnant “visitors” would time giving birth here intentionally. I know most green-card holders (I did previously) who religiously know the 6-month outside of the US limit. Heck, I personally know 2 who were not allowed back in the US for staying outside of the US past 6 months because they were warned not to..
How? Since it applies to: "U.S. government employees and members of the U.S. armed forces who are employed or stationed outside the United States"
This will not affect birth tourism at all. That comes from the current flawed interpretation of the 14th amendment. This change refers to other, much less common situations.
PING
USCIS Policy Manual Update (Citizenship)
Thanks, rxsid.
see #2 and #3
It all comes down to Birthright Citizenship and activist judges, going back to the late 1800s, early 1900s, making up a law they had no authority to make....that and Ruth Bader Ginsburg.