Keep pulling the thread on Citizenship Clause.
General Sauer asserted that the Citizenship Clause of the 14th Amendment does not grant citizenship to the children of temporary visitors or undocumented immigrants.
General Sauer argued that for foreign nationals, lawful domicile is the necessary status to create the allegiance required for their U.S.-born children to be citizens under the 14th Amendment.
Ms. Wong argued that the Supreme Court's ruling in United States v. Wong Kim Ark established that the 14th Amendment incorporates the English common law rule, making nearly everyone born on U.S. soil a citizen.
Ms. Wong stated that the only exceptions to birthright citizenship under the 14th Amendment are for individuals covered by a 'fiction of extraterritoriality,' such as children of foreign diplomats.
General Sauer claimed that, according to Senator Lyman Trumbull, the phrase 'subject to the jurisdiction thereof' in the 14th Amendment means 'not owing allegiance to anybody else'.
General Sauer stated that in 1884, the U.S. Supreme Court interpreted the phrase 'subject to the jurisdiction' to mean 'owing direct and immediate allegiance'.
General Sauer asserted that unrestricted birthright citizenship acts as a significant 'pull factor' for illegal immigration to the United States.
General Sauer claimed that a 'birth tourism' industry has emerged, bringing thousands of foreigners from nations like China and Russia to the United States to give birth.
General Sauer argued that the main purpose of the Citizenship Clause of the 14th Amendment was to overrule the Supreme Court's decision in Dred Scott v. Sandford.
General Sauer argued that the Civil Rights Act of 1866, by using the phrase 'not subject to any foreign power,' marked a clear rejection of the British common law concept of indefeasible allegiance.
Media reports from 2015 indicated there were 500 birth tourism companies in the People's Republic of China arranging for people to give birth in the U.S.
General Sauer stated that the United States' policy of nearly unrestricted birthright citizenship is an outlier, with every nation in Europe having a different rule.