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re: Are illegal children “subject to the jurisdiction thereof”
Posted by selest on 10/31/18 at 11:12 am to buckeye_vol
I agree the complexity is only causing an unnecessarily broadened spectrum of interpretation. I guess it comes to the question of “subject to the jurisdiction thereof”...
re: Are illegal children “subject to the jurisdiction thereof”
Posted by selest on 10/31/18 at 10:54 am to WildManGoose
you must not see the commas??? it doesnt even make grammatical sense the way you are reading it...
its not who are foreigners or aliens who belong to the families of ambassadors
it is "who are 1 foreigners, 2 aliens, 3 who belong to the families of ambassadors" ... three separate and distinct items
its not who are foreigners or aliens who belong to the families of ambassadors
it is "who are 1 foreigners, 2 aliens, 3 who belong to the families of ambassadors" ... three separate and distinct items
You are simply wrong
Read the clause= "born" AND "subject to..." key word "and" meaning both items are required to complete this process
Tear down the clause and you will see this:
One can be "born" but one cannot be "subject to" unless prior set of circumstances is known. "subject to" defines an already predetermined state meaning... that before birth this person must already have "subject to" status and therefore it falls upon the carrier of the person which is the mother. If the mother(illegal) is not "subject to" and creation of this new person is within the body of the non "subject to" it makes it null and void. Same would apply to visa holders as they are not subject to any US laws
Read the clause= "born" AND "subject to..." key word "and" meaning both items are required to complete this process
Tear down the clause and you will see this:
One can be "born" but one cannot be "subject to" unless prior set of circumstances is known. "subject to" defines an already predetermined state meaning... that before birth this person must already have "subject to" status and therefore it falls upon the carrier of the person which is the mother. If the mother(illegal) is not "subject to" and creation of this new person is within the body of the non "subject to" it makes it null and void. Same would apply to visa holders as they are not subject to any US laws
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