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Do people born in unincorporated US territories have a constitutional right to non-citizen nationality?
Is it legal for American politicians to accept donations from foreigners (non-American citizens)?In 1970, how was Ted Cruz's citizenship determined?“Congress shall make no law” vs “no person” in the Bill of RightsCan a US President give police a “kill order”?The term “foreign national” in US immigration lawU.S. v. Cruikshank (1876) decisionCan only the government official who appointed an employee fire that employee?US presidential qualification; 1994 “equal treatment of women in conferring citizenship to children born abroad”Passport requirements for travel between a US territory and a US stateIs 18 USC §911 (false claim to US citizenship) still considered constitutional?
In Downes v. Bidwell, the Supreme Court concluded that the Citizenship Clause does not apply to people born in unincorporated territories of the United States.
Instead, if they had no other claim to US citizenship, they were considered non-citizen nationals of the United States. However, Congress later extended citizenship to such individuals if born in Puerto Rico, the Virgin Islands, Guam, or the Northern Mariana Islands.
Currently, non-citizen nationality at birth is provided to people born in American Samoa or Swains Island by 8 USC §1408.
The Foreign Affairs Manual gives historical background on non-citizen nationality and contains the following curious note:
The United States exercises sovereignty over a few territories besides those mentioned above. Under international law and Supreme Court dicta, inhabitants of those territories, (Midway, Wake, Johnston, and other islands) would be considered non-citizen U.S. nationals. However, because the INA defines "outlying possessions of the United States" as only American Samoa and Swains Island, there is no current law relating to the nationality of the inhabitants of those territories or persons born there who have not acquired U.S. nationality by other means.
Did the Supreme Court state in dicta that individuals born in unincorporated territories of the United States are constitutionally guaranteed US nationality, or was the Court simply making a remark about what they thought was the intent of Congress regarding the nationality of hypothetical individuals born in unincorporated territories not otherwise provided for in the Immigration and Nationality Act?
united-states constitutional-law us-constitution us-supreme-court
asked 18 mins ago
BrianBrian
22126
add a comment |
In Downes v. Bidwell, the Supreme Court concluded that the Citizenship Clause does not apply to people born in unincorporated territories of the United States.
Instead, if they had no other claim to US citizenship, they were considered non-citizen nationals of the United States. However, Congress later extended citizenship to such individuals if born in Puerto Rico, the Virgin Islands, Guam, or the Northern Mariana Islands.
Currently, non-citizen nationality at birth is provided to people born in American Samoa or Swains Island by 8 USC §1408.
The Foreign Affairs Manual gives historical background on non-citizen nationality and contains the following curious note:
The United States exercises sovereignty over a few territories besides those mentioned above. Under international law and Supreme Court dicta, inhabitants of those territories, (Midway, Wake, Johnston, and other islands) would be considered non-citizen U.S. nationals. However, because the INA defines "outlying possessions of the United States" as only American Samoa and Swains Island, there is no current law relating to the nationality of the inhabitants of those territories or persons born there who have not acquired U.S. nationality by other means.
Did the Supreme Court state in dicta that individuals born in unincorporated territories of the United States are constitutionally guaranteed US nationality, or was the Court simply making a remark about what they thought was the intent of Congress regarding the nationality of hypothetical individuals born in unincorporated territories not otherwise provided for in the Immigration and Nationality Act?
united-states constitutional-law us-constitution us-supreme-court
asked 18 mins ago
BrianBrian
22126
add a comment |
In Downes v. Bidwell, the Supreme Court concluded that the Citizenship Clause does not apply to people born in unincorporated territories of the United States.
Instead, if they had no other claim to US citizenship, they were considered non-citizen nationals of the United States. However, Congress later extended citizenship to such individuals if born in Puerto Rico, the Virgin Islands, Guam, or the Northern Mariana Islands.
Currently, non-citizen nationality at birth is provided to people born in American Samoa or Swains Island by 8 USC §1408.
The Foreign Affairs Manual gives historical background on non-citizen nationality and contains the following curious note:
The United States exercises sovereignty over a few territories besides those mentioned above. Under international law and Supreme Court dicta, inhabitants of those territories, (Midway, Wake, Johnston, and other islands) would be considered non-citizen U.S. nationals. However, because the INA defines "outlying possessions of the United States" as only American Samoa and Swains Island, there is no current law relating to the nationality of the inhabitants of those territories or persons born there who have not acquired U.S. nationality by other means.
Did the Supreme Court state in dicta that individuals born in unincorporated territories of the United States are constitutionally guaranteed US nationality, or was the Court simply making a remark about what they thought was the intent of Congress regarding the nationality of hypothetical individuals born in unincorporated territories not otherwise provided for in the Immigration and Nationality Act?
united-states constitutional-law us-constitution us-supreme-court
asked 18 mins ago
BrianBrian
22126
In Downes v. Bidwell, the Supreme Court concluded that the Citizenship Clause does not apply to people born in unincorporated territories of the United States.
Instead, if they had no other claim to US citizenship, they were considered non-citizen nationals of the United States. However, Congress later extended citizenship to such individuals if born in Puerto Rico, the Virgin Islands, Guam, or the Northern Mariana Islands.
Currently, non-citizen nationality at birth is provided to people born in American Samoa or Swains Island by 8 USC §1408.
The Foreign Affairs Manual gives historical background on non-citizen nationality and contains the following curious note:
The United States exercises sovereignty over a few territories besides those mentioned above. Under international law and Supreme Court dicta, inhabitants of those territories, (Midway, Wake, Johnston, and other islands) would be considered non-citizen U.S. nationals. However, because the INA defines "outlying possessions of the United States" as only American Samoa and Swains Island, there is no current law relating to the nationality of the inhabitants of those territories or persons born there who have not acquired U.S. nationality by other means.
Did the Supreme Court state in dicta that individuals born in unincorporated territories of the United States are constitutionally guaranteed US nationality, or was the Court simply making a remark about what they thought was the intent of Congress regarding the nationality of hypothetical individuals born in unincorporated territories not otherwise provided for in the Immigration and Nationality Act?
united-states constitutional-law us-constitution us-supreme-court
united-states constitutional-law us-constitution us-supreme-court
asked 18 mins ago
BrianBrian
22126
asked 18 mins ago
BrianBrian
22126
asked 18 mins ago
BrianBrian
22126
asked 18 mins ago
BrianBrian
22126
asked 18 mins ago
BrianBrian
22126
22126
add a comment |
add a comment |
1 Answer
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There is arguably a legal right to non-citizen nationality either by statute or under customary international law, but the U.S. Constitution does not afford such a right and Article I, Section 8 grants Congress broad authority over the governance of such territories and over immigration and naturalization (i.e. to define citizenship beyond the minimum established in the 14th Amendment).
answered 1 min ago
ohwillekeohwilleke
51.2k259131
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There is arguably a legal right to non-citizen nationality either by statute or under customary international law, but the U.S. Constitution does not afford such a right and Article I, Section 8 grants Congress broad authority over the governance of such territories and over immigration and naturalization (i.e. to define citizenship beyond the minimum established in the 14th Amendment).
answered 1 min ago
ohwillekeohwilleke
51.2k259131
add a comment |
There is arguably a legal right to non-citizen nationality either by statute or under customary international law, but the U.S. Constitution does not afford such a right and Article I, Section 8 grants Congress broad authority over the governance of such territories and over immigration and naturalization (i.e. to define citizenship beyond the minimum established in the 14th Amendment).
answered 1 min ago
ohwillekeohwilleke
51.2k259131
add a comment |
There is arguably a legal right to non-citizen nationality either by statute or under customary international law, but the U.S. Constitution does not afford such a right and Article I, Section 8 grants Congress broad authority over the governance of such territories and over immigration and naturalization (i.e. to define citizenship beyond the minimum established in the 14th Amendment).
answered 1 min ago
ohwillekeohwilleke
51.2k259131
There is arguably a legal right to non-citizen nationality either by statute or under customary international law, but the U.S. Constitution does not afford such a right and Article I, Section 8 grants Congress broad authority over the governance of such territories and over immigration and naturalization (i.e. to define citizenship beyond the minimum established in the 14th Amendment).
answered 1 min ago
ohwillekeohwilleke
51.2k259131
answered 1 min ago
ohwillekeohwilleke
51.2k259131
answered 1 min ago
ohwillekeohwilleke
51.2k259131
answered 1 min ago
ohwillekeohwilleke
51.2k259131
51.2k259131
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