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To: SampleMan
In any event, there is a near zero chance that a foreign baby born in U.S. airspace, but not landing in the U.S. would be given jus soli citizenship.

That is the technically correct answer.

So does touching upon land make one an American? Also wouldn't that occur AFTER birth? What nationality is a baby BEFORE it touches land, and if it is not already American (due to jus sanguinius) then wouldn't it be born into a foreign allegiance first?

29 posted on 08/31/2011 11:48:08 AM PDT by DiogenesLamp (1790 Congress: No children of a foreign father may be a citizen.)
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To: DiogenesLamp
So does touching upon land make one an American?

The courts have said no. I covered that.

Also wouldn't that occur AFTER birth?

Yes, which is why the courts have tended to say no concerning ship and plane births.

What nationality is a baby BEFORE it touches land, and if it is not already American (due to jus sanguinius) then wouldn't it be born into a foreign allegiance first?

Citizenship depends upon the laws of the parent's country. It is conceivable that a child would have no citizenship. This is the standard case in in most European countries where babies are born of non-citizen parents and no right of birth exists.

You are presuming that a baby must be born a citizen of some country, that is not the case.

Most countries would claim a child born to their citizens as a citizen, regardless of place of birth.

32 posted on 08/31/2011 11:56:01 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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