The problem is not whether the parents were "citizens" at the time of the candidate's birth, but whether the parents were both "under the Jurisdiction of the United States." Rubio's parents became permanent residents under US Law the second they set foot on US soil and requested asylum. This was in accordance with the law. Rubio's parents had no country to return to. Their intention from the day they set foot on American soil was to make the US their domicile and to become citizens (which they did).
Jindal's parents were both here on Student Visas and therefore were subject to immediate deportation without a hearing and they did not place themselves under the Jurisdiction of the United States by applying for permanent residency or citizenship until after Jindal was born. Both of Jindal's parents were "subjects" of the Sovereign Country of India at the time of his birth and were not "subjects" of the United States.
Rubio's parents, by law, both became "subjects" of the United States immediately upon setting their feet on US Soil.
Therefore Rubio is a Natural Born Citizen of the United States.
Jindal was born a subject of the Country of India and therefore he cannot be a "natural born citizen" of the United States.
At no time in Rubio's life was he ever a citizen or subject of any country other than the United States.
I agree wholeheartedly. Jindal, while a nice guy and a US citizen, is not eligible for the presidency. As near as I can tell, he was actually born a citizen of India.
Rubio, othoh, was born a citizen of the US to parents who had been a long time established in the US. One was a US citizen, and the other had not only sought asylum and had no country to return to but had also sought official immigration status. FWIW, that would have satisfied the citizenship law of 1793, imo, if we are going to apply 1790 legal understandings.
Thank you for this discussion on citizenship. I’ve been truly wondering at the arguments on both sides of this issue. All of you have given me much to consider. I hope that all of us can truly adhere to the Constitution and the Founders’ intent wrt the ones we put into office.
“Rubio’s parents became permanent residents under US Law the second they set foot on US soil and requested asylum.”
Rubio’s parents came here before Castro’s revolution and the resulting asylum law.