The diplomats one is kinda insane. It says if EITHER parent works for a foreign government, including consulates. So if there was a man who worked at one, had a baby with an American woman, the baby wouldn’t have citizenship. Potentially there could be an American single mom, with a child born in America, and she would be harboring an illegal alien. All without leaving America once.
But if one of the parents has American citizenship, they would have the right to American citizenship through their parentage, and the executive order only purports to apply to children for whom neither parent has US citizenship.
It would need to be a pretty narrow set of circumstances, and it would still be unconstitutional if applied to a child for whom one of the two parents could have had a child with birthright citizenship.
You’re quoting the subsections but the section 2 as a whole, at the top, says:
It is the policy of the United States that no executive department or agency shall issue documents recognizing United States citizenship to, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship regarding, persons when neither parent of that person is a citizen and any of the following applies:
It’s a boolean “and,” so in order for those provisions you’ve quoted to apply, the person must also not have a citizen parent.
The diplomats one is kinda insane. It says if EITHER parent works for a foreign government, including consulates. So if there was a man who worked at one, had a baby with an American woman, the baby wouldn’t have citizenship. Potentially there could be an American single mom, with a child born in America, and she would be harboring an illegal alien. All without leaving America once.
But if one of the parents has American citizenship, they would have the right to American citizenship through their parentage, and the executive order only purports to apply to children for whom neither parent has US citizenship.
It would need to be a pretty narrow set of circumstances, and it would still be unconstitutional if applied to a child for whom one of the two parents could have had a child with birthright citizenship.
It says EITHER PARENT on multiple occasions.
(b) either parent of that person is a foreign government employee, defined to include:
(ii) persons employed by a foreign embassy or consulate who are nationals of that foreign country;
You’re quoting the subsections but the section 2 as a whole, at the top, says:
It’s a boolean “and,” so in order for those provisions you’ve quoted to apply, the person must also not have a citizen parent.