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Old 05-03-2006, 02:21 PM   #1
Happy Monkey
I think this line's mostly filler.
 
Join Date: Jan 2003
Location: DC
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Quote:
Originally Posted by MaggieL
The argument is made that illegal aliens have not subjected themselves to the jurisdiction of the United States, being in flagrant contempt of that jurisdiction. Therefore being born inside the US to illegal alien parents shouldn't automatically make you a citizen. That "I tagged up at home so you can't touch me" argument again...
I don't think that would work. If they weren't under the jurisdiction of the US, they couldn't be put in prison. That sounds like it is more applicable to people with diplomatic credentials.
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Old 05-03-2006, 03:07 PM   #2
MaggieL
in the Hour of Scampering
 
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Quote:
Originally Posted by Happy Monkey
I don't think that would work. If they weren't under the jurisdiction of the US, they couldn't be put in prison. That sounds like it is more applicable to people with diplomatic credentials.
Being outlaws, they're not under jurisdiction until apprehended; since they they haven't submitted to it. Being subject to a jursdiction and being under it aren't the same thing, in this case.

Someone who presents themselves for naturalization has submitted to US jurisdiction and is both subject to it and under it. A fugitive is not under jurisdiction even if they are subject to it. They can be brought under it only if apprehended, since they refuse to submit to it voluntarily.

A diplomat, being immunized (once their credentials are presented and accepted), is not even subject to that jurisdiction unless declared non grata.
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