In Cecil’s Column about a space alien as President , he discussed the establishment of a “person”. Makes sense for him to tackle the BIG PICTURE and leave smaller matters to us lesser mortals.
However, I thought I’d muddy the waters a little more by imparting this information from the U.S. Immigration and Naturalization Service.
Our hypothetical Space Alien may not be a natural-born citizen after all, even if he / she / it was born in the US of A.
Meaning, of course, that if Parental-Unit(s) Space Alien(s) were here in the US as diplomats, heads of state, ambassadors, or otherwise not subject to US jurisdiction / authority, then our Hypothetical Space Alien would not be a natural-born citizen and therefore ineligible for the Presidency in any case.
Yes, kfwilkinson, but the alien may be born here as the offspring of tourists.
In any case, as I mentioned in another thread, I think the more likely case to arise would be the candidacy of a sentient artifact (e.g. a super-intelligent computer.)
Well, yes, that’s why I said “if the parental-unit(s) were … not subject to US authority”. Of course, if they were here as tourists, all bets are off. Though the INS may require Said Space Alien to choose a citizenship when he / she / it turns eighteen. If he / she / it chooses US citizenship, then we’re back to potential Presidency.
Though I have to agree with Calvin (From Calvin & Hobbes) on the topic of Intelligent Life Out There:
“The greatest proof that there is intelligent life out there is that they’ve never tried to contact us.”
kfwilkinson - you seem to assert that a child born on US soil to foreign diplomats is not subject to US jurisdiction. Though that may well be true, I don’t see that explicitly stated anywhere in the INS document to which you provided a link. The act says “a person born in the United States, and subject to the jurisdiction thereof” without saying anything about the parental units.
By the way, the act that you cited (good research by the way) contains several loopholes that would allow an alien to become president, e.g.
However, here we get to the meat of the Straight Dope article, i.e. what constitutes a “person”?
I’m going to have to agree with Arnold Winkelreid.
I was never responsible for the legal parts of the discussion (which will probably make this post moot), but at my last place of employment a member of the support staff had a baby.
The child was born in an American hospital, on American soil, and was immediately registered as an American Citizen*.
The fact that her mother was here on a temporary student visa, and that the INS didn’t even know her father was in the country, didn’t enter in to the discussion. As far as anyone I spoke with was concerend, the child was an American Citizen*[sup]again[/sup]. Both her parents were granted resident visas as custodial parents of a citizen, and, IIRC, both of them were later naturalized.
Some may say that two people exploited a loophole to stay in this country, but I still think it was a good day for all of us when that kid took her first breath here instead of some other damned place.
Good point. Sorry about that; the INS did mention that on this page about citizenship.
The relevant paragraph is parag. 2:
True…but that implies that the person has no parents that anyone can locate to ask them if the kid was born in the US. So…I suppose if said Space Alien was sorta “found” by someone before he / she / it turned 5 years of age, then he / she / it could be said to be a US Citizen if nobody can prove otherwise before he / she / it turns 21.
Hey…we could have ** Superman ** as our next President! Cool.
And I’m still not touching the “what constitutes a ‘person’” debate, no thank you…
Yep. In cases where the parent is subject to the jurisdiction of the laws of the United States, then anyone born to that parent on US soil is indeed a United States Citizen under the principle of * jus soli *. My point was that certain people, such as Foreign Heads of State, Ambassadors, and others who reside in the US but are not subject to our jurisdiction, would ** not ** have United States Citizenship automatically conferred on to their children who happened to be born on US soil.