Quote:
Originally Posted by VGeorgie
The Constitution doesn't expressly guarantee citizenship just because a child is born here, Fourteenth Amendment or otherwise. That's a common misconception. Nor has the Supreme Court ever stated so. About the only thing it has said is in fact citizenship is provided if the baby is born here, and the parents are subject to a foreign country and live here permanently (no migrant workers), and they are here on business. Pretty narrow definition.
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i'm no attorney but
United States v. Wong Kim Ark
Issue
The Supreme Court, in the Wong Kim Ark case, was called upon to decide whether an American-born person of Chinese ancestry could constitutionally be denied U.S. citizenship.
In a 6-2 decision, the Court held that 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.
