87° and Sunny
The constitution is quite clear on this matter, if only we had an AG that could read.
I posted an opinion piece on this almost 2 months ago;
https://2ndlifemediaalamogordo.town.news/g/alamogordo-nm/post/301390/bi…
The case as outlined by the Trump administration, has never been before the SCOTUS before, so there is no precedent to fall back on.
The closest thing the SCOTUS has heard is US vs. Wong Kim Ark.
That case doesn't apply, because under the Trump administrations understanding of the 14th amendment, children born to permanent residents would still be granted citizenship.
Any other status would still be under the jurisdiction of their home country.
Example, a person is in the US with a green card, their home country says they have to return home, the US cannot allow that person to remain in the country. The person would have to submit an asylum claim, if granted, the person then becomes a permanent resident.
If a child is born to that person before the application for asylum, that child is not a citizen of the US. If a child is born after application for asylum, but asylum is denied, that child is not a citizen of the US.
