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本帖最后由 SAland 于 2025-1-24 11:46 编辑
美国司法部在其简短文件中辩称，第十四修正案从未被解释为普遍适用于所有在美出生的人，并称1898年“美利坚合众国诉黄锦亚案”（United States v. Wong Kim Ark）的裁决仅适用于合法永久居民的子女。
我认为现 Trump admin 司法部的理解是正确的, 黄的案例长期被滥用了。
https://en.wikipedia.org/wiki/United_States_v._Wong_Kim_Ark
The Supreme Court considered the "single question" in the case to be "whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States."[6] It was conceded that if Wong was a U.S. citizen, "the acts of Congress known as the 'Chinese Exclusion Acts,' prohibiting persons of the Chinese race, and especially Chinese laborers, from coming into the United States, do not and cannot apply to him."[5]
In a 6–2 decision[120][121] issued on March 28, 1898,[122] the Supreme Court held that Wong Kim Ark had acquired U.S. citizenship at birth and that "the American citizenship which Wong Kim Ark acquired by birth within the United States has not been lost or taken away by anything happening since his birth."[123] |
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父爱如山 (2008-8-31) vega 
楼主:dootbear
发表于 2025-1-24 11:38
