The 14th Amendment's citizenship clause includes the limiting phrase 'and subject to the jurisdiction thereof,' which some legal scholars argue means more than just physical presence in the country; they contend it requires being born to parents who owe full political allegiance to the United States, potentially excluding children of undocumented immigrants or temporary visitors from automatic citizenship at birth.
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14th Amendment Citizenship Debate: What You Need to Know #shortsAjouté :
The challengers say the 14th Amendment does not grant citizenship to every child born on US soil because the text includes >> [music] >> the limiting phrase "and subject to the jurisdiction thereof." They argue that this phrase means more than just being physically present in the country and obeying its laws. In their view, it means being born to parents who owe full political allegiance to the United States, not merely temporary obedience while living here.
Under that argument, children born in the United States to people here illegally or only temporarily, such as tourists or some visa holders, are said not to be fully subject to the jurisdiction of the United States in the constitutional sense.
The theory is that their parents still owe primary allegiance to another nation, so the child does not automatically receive citizenship at birth.
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