Cases shitting on U.S. Kim Ark:
United States Court of Appeals, Fifth Circuit.
THOMAS v. LYNCH (U.S. Attorney General) Aug. 7, 2015.
Synopsis
Background: Petitioner, who was born on a United States military base located in what is now Germany, filed petition for review of the final order of removal issued by the Board of Immigration Appeals (BIA), alleging that he was not subject to removal because he was a United States citizen.
>Accordingly, Wong Kim Ark does not support Thomas's contention that the military base on which he was born was “in the United States” for purposes of the Fourteenth Amendment.
Holding: The Court of Appeals, King, Circuit Judge, held that petitioner's birth on military base did not render him a birthright citizen under the Fourteenth Amendment.
Another Case:
District of Columbia Circuit.
TUAUA v. UNITED STATES
Decided June 5, 2015.
Background: Non-citizen United States nationals born in American Samoa brought an action urging the application of the Fourteenth Amendment's Citizenship Clause to American Samoa. The United States District Court for the District of Columbia, Richard J. Leon, J., 951 F.Supp.2d 88, dismissed the action. Plaintiffs appealed.
Holding: The Court of Appeals, Brown, Circuit Judge, held that Citizenship Clause did not guarantee birthright citizenship to persons born in the American Samoa.
Affirmed.
Not even being born in AMERICA fucking Samoa, guarantees that you get automatic citizenship.
>And even assuming the framers intended the Citizenship Clause to constitutionally codify jus soli principles, birthright citizenship does not simply follow the flag. Since its conception jus soli has incorporated a requirement of allegiance to the sovereign. To the extent jus soli is adopted into the Fourteenth Amendment, the concept of allegiance is manifested by the Citizenship Clause's mandate that birthright citizens not merely be born within the territorial boundaries of the United States but also “subject to the jurisdiction thereof,” U.S. CONST. amend. XIV, § 1, cl. 1; see Wong Kim Ark, 169 U.S. at 655, 18 S.Ct. 456