Confers citizenship on the children who may not

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Confers citizenship on the children who may not, according to the federal statute, be naturalized as long as born on US soil 3. In this case, child of Chinese parents, born in San Fran. , temp visit to China at age 17, refused re-entry 4. Jus soli = dominant approach a. The parents were legal residents but Chinese could not naturalize until 1952 b. Secures principle of jus soli in US c. Xenophobia = asians were seen as biologically inferior xi.Peter Schuck and Rogers Smith (pg 30) 1. “Citizenship clause” of the 14th Amendment to children of undocumented immigrants 2. Pits consent vs jus soli 3. Argues that children of undocumented immigrants who are born in this country should not be considered citizens because of the “subject to the jurisdiction thereof” clause in the 14th amendment 4. Argues 14th amendment citizenship clause might make birthright citizenship for children of undocumented immigrants and temporary visitors a matter of congressional choice 5. Congress can reinterpret phrases “subject to jurisdiction thereof” 6. Gov’t and individual to be one of the parties a. Bargaining of one becoming citizen b. Individual - if they become subject to the jurisdiction of the nation-state, they have jurisdiction of allegiance c. Redefining “jurisdiction” to include consensual jurisdiction between people and government d. Arguing against jus soli and birthright e. make difference between legal permanent residents and temporary residents f. Makes a difference between temporary and legal xii.Gerald Neumann + David Martin
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1. Look at historical records 2. Make sure Dred Scott / something like it would never happen again 3. Free citizens = descendents of Africans (in motion of jus soli) xiii.How to distinguish citizens from non citizens 1. Assuming citizenship is important, then distinguishing between citizenship and non-citizenship is also important, how to do it? 2. Anchor babies; immigrants coming in just to give birth 3. Administrative scrutiny (admin apparatus of classification and surveillance and knowledge) 4. How to square administrative scrutiny with a democracy, commitment to civil liberties 5. Pregnant women coming into the US to give birth on their T2 “shopping pass” xiv.Naturalization 1. Race plays a big part in how these decisions are made 2. Immigration law and policy is probably the most racist law +policy in history 3. 1790; US alien for 2 years - you might be naturalized a. Had to be free white alien b. Living here for 2 years c. Might and might not allow you to become a citizen , you could apply, but not guarantee 4. 1795; Young America - a lot of tension / descent economically unstable times a. When Congress passes a law - maybe extend the law 5. 1798; John Adams worried about tension 6. 1800; elections 7. 1802; pretty much has stayed the same sheet a. Since 1802 - green card holder (lawful permanent resident - LPR)...once you are here for 5 years, married to a citizen spouse, time cuts to 3 years) b. Once you are naturalized you can be denaturalized (especially people from war crimes like Nazis) c.
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  • Fall '12
  • Koulish
  • Fourteenth Amendment to the United States Constitution, United States nationality law, Nationality law

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