Would children of an invading Army be granted citizenship?
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Would children of an invading Army be granted citizenship?
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I can see that if the mother was American this would most likely be so, but what if both the mother and father were of the invading Army?
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Fred S
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Alien Enemies During Hostile Occupation:
(1) If part of the United States were occupied by foreign armed forces against the wishes of the United States, children born to enemy aliens in the occupied areas would not be subject to U.S. jurisdiction and would not acquire U.S. citizenship at birth.
(2) Children born to persons other than enemy aliens in an area temporarily occupied by hostile forces would acquire U.S. citizenship at birth because sovereignty would not have been transferred to the other country. (See U.S. v. Wong Kim Ark.) |
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VergeOfChaos
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No- that's one of the exceptions to "Jus Soli". I feel that congress should treat illegals as invaders, and that would be easier than amending the amendment! |
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Country Gal
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No, and neither should anchor babies. Good comparison. |
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C. A.
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When female soldiers get pregnant, don't they usually get sent home? |
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George L
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the children would have to be subject to US law at the time of their birth to be recognized as US citizens. I would assume the children of an invading army still on US soil would not be considered subject to US law. children of an invading army driven off before their birth, probably would be considered US citizens. |
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Chief Whachusa
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If the mother and father in an "invading Army" have children and wants their children to have citizenship, then the overthrown government from the old land has no say in who will "be granted" citizen in the new country. What the parent(s) nationally is only has meaning to the victorious new owners of that country. |
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