[gnulinux]

Did you read the executive order? It clearly states it also covers parents that are here legally through visas like H, F etc... It is not just about illegal immigration. E.g. if you work in the US on H and have a kid with a student on F visa, the kid will not be a US citizen going forward (starting in 30 days).

I'd be curious to hear the argument that people legally working or studying here aren't "subject to jurisdiction" of. People on H1B for a while file the exact same taxes citizens file (because they're US persons for tax purposes). Not sure how are they legally not subject to jurisdiction of?

[laristine]

In any angle of view, those people are clearly subject to the jurisdiction of the United States.

[cherry_tree]

From the text:

>or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

It specifically says the child of someone here on a work visa would not be a citizen. If that person became a citizen or permanent resident after the child’s birth, the child would need to pursue residency/citizenship through their own merit as a non-citizen.

What visa is given to non citizens born while in the US I wonder?

[alanfranz]

Not a US citizen here so I may miss some nuances.

I’d think the “tourist VISA” part makes sense after all.

The “work VISA” part is strange, as you say. If I’m on a 15 days business trip, could make sense. If on a multi-year H1B… well, it sucks.

[hmm37]

The definition of jurisdiction matters a lot here. But it's hard to explain why it would be that if someone who is here legal or illegal in the US, commits a crime is not subject to the jurisdiction of the US, and therefore should simply go free and be deported as if they were simply a diplomat, with diplomatic immunity...

There's many cases as well like the Gitmo cases that explain what "jurisdiction" means, and it doesn't even simply mean whether or not you are on US soil, but can be subjected to US laws, even when overseas.

[declan_roberts]

I had a coworker that actually did this unapologetically ("it's your system, your laws")

Wife came here very pregnant, overstayed her travel visa, had her baby and their child is a US citizen.

He's a green card holder now, but he was genuinely just thinking about his kid's future.

[mhx1138]

This will surely dissuade people from coming to work on work visa. It’s a big step to relocate your carrier to another country. If there is no perspective to fully commit and plan proper migration, then there is less motivation to even go in the first place.

[TimK65]

I believe that historically, the primary group of people who are "not subject to the jurisdiction of the United States" are diplomatic personnel from other countries. Those people actually are not subject to U.S. jurisdiction.