Eegore
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therefore, it seems logical if they were subject to Mexico, Colombia Venezuela, whatever, and they snuck across the border and gave birth that does not mean the child is subject to the jurisdiction of the United States.
Right but the 14th specifically says "All persons born" as in it applies to the child, not the parent. The Supreme Court has ruled multiple times that "All persons born" means children born in the US even to immigrant parents, 1898 United States v. Wong Kim Ark for instance.
With jus soli and jus sanguinis having precedent it might be a hard battle. An example is if a foreign military ship is at port in the US - and a human gives birth on that ship, since it is not under US Jurisdiction, that infant is not a US Citizen.
We also can not enforce immigration laws on humans on that ship, or serving under it. We can however enforce immigration laws on illegal, and legal immigrants, because we do have jurisdiction over them. So if they have a child on US soil, that kid qualifies as "All persons born".
What's crazy to me is that people actually think the POTUS can just make executive orders changing the Constitution. Or Congress even.
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