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LLuisSP15d ago
against: birth tourism in industrial scale by chinese: https://www.theepochtimes.com/china/us-senators-introduce… https://www.theepochtimes.com/epochtv/ccp-exploiting-birt… inclusive with surrogacy https://www.lifesitenews.com/news/chinese-billionaire-buy… I agree with @dd664d5e…5633d319 that the constitution defined birthright citizenship. They certainly did not think on birth tourism back then, but that is the letter of the law, even if it has been abused in industrial scale. I do not know the legal details. Could it be interpreted as requiring some intention of really moving to the USA? Like, if the woman just travels to give birth, keeping her life, job, $$, etc, in the home country, with no arrangements to set up a new life in the USA, could it be interpreted as 'refusing to enter the legal jurisdiction'??
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Father Nick Blaha13d ago
This is what has been puzzling to me--what the long game is on this EO when The constitutional amendment seems so clear on its face. The whole thing stands or falls on the meaning of "jurisdiction" as you rightly point out. I liked R R Reno's perspective in a recent article referencing the concept of adverse possession in the common law, specifically to address situations where someone squats on property for a certain length of time uncontested. For those who have been living and working here for many years and working with tacit permission, and under a legal framework that tacitly permits it, or even invites it, a path to legal status seems reasonable. They have entered our jurisdiction, tacitly, so to speak. But for the recent arrivals, and the birth tourism abuse, that is another question.
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