Post #79972 by commonone on the US Policy board

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Steve203: Dope does have a point about "birth tourism".

In fact, he does not have a point. The drafters of the birthright clause considered this question and rejected it.

Senator Cowan added that gypsies were people who “have no homes, pretend to own no land, live nowhere, settle as trespassers wherever they go, and whose sole merit is a universal swindle . . .” Id.

Congress did not accept Senator Cowan’s argument that native-born gypsy children should be denied birthright citizenship. The only Senator who responded was dismissive: “The only invasion of Pennsylvania within my recollection was an invasion very much worse and more disastrous to the State, and more to be feared and more feared, than that of Gypsies. It was an invasion of rebels [at Gettysburg].” See id. at 2892 (statement of Sen. Conness).

More important, neither an allegiance nor a domicile requirement can be squared with the fact that native-born gypsy children were “undoubtedly” birthright citizens pursuant to the Civil Rights Act of 1866 and the Citizenship Clause.

https://www.supremecourt.gov/DocketPDF/25/25-365/3...

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