booly comments on The US Regime has decided that the executive branch has the power to change the laws on who is eligible for brithright citizenship via executive order (08/06/26)

[–] booly@sh.itjust.works 1 point 3 months ago (2 children)

But if one of the parents has American citizenship, they would have the right to American citizenship through their parentage, and the executive order only purports to apply to children for whom neither parent has US citizenship.

It would need to be a pretty narrow set of circumstances, and it would still be unconstitutional if applied to a child for whom one of the two parents could have had a child with birthright citizenship.

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[–] RoidingOldMan@lemmy.world 6 points 3 months ago (1 child)

It says EITHER PARENT on multiple occasions.

(b) either parent of that person is a foreign government employee, defined to include:

(ii) persons employed by a foreign embassy or consulate who are nationals of that foreign country;

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[–] booly@sh.itjust.works 1 point 3 months ago

You're quoting the subsections but the section 2 as a whole, at the top, says:

It is the policy of the United States that no executive department or agency shall issue documents recognizing United States citizenship to, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship regarding, persons when neither parent of that person is a citizen and any of the following applies:

It's a boolean "and," so in order for those provisions you've quoted to apply, the person must also not have a citizen parent.

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