re: Reagan era judges shoots down Trump 14th amendment EO

quote:

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Your bolded clause does not modify "subject to the jurisdiction thereof." Indeed the bolded clause is separated from that clause by a semicolon. Rather, the Court states that Chinese persons are "subject to the jurisdiction thereof," in the same sense as all other aliens residing in the United States.

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The entire sentence before the semicolon is the Courts recitation of what it considers “subject to the jurisdiction thereof.”

The court’s entire analysis of “subject to the jurisdiction thereof” discusses, ad nauseam, the reciprocal nature of allegiance owed and entitlement to protection for those residing in the US.

So yes, the court agrees with what you stated…Chinese persons are entitled to the protection of, and owe allegiance to, the United States as long as they are permitted to reside here.

So the corollary to that is when they are no longer permitted to reside here, the allegiance is gone as is the duty of protection.

At that point, they are no longer “subject to the jurisdiction therein.”