OPINION:
It’s Congress that determines “subject to the jurisdiction thereof.”
As a document for the ages, the U.S. Constitution is remarkably adaptable to changing circumstances and legislation. The Passenger Cases of 1849 confirmed the federal government’s power to determine who had lawful domicile in the country.
Implicit in this ability is also the authority to determine who is subject to the jurisdiction of the United States primarily through the implementation of immigration law.
Under existing immigration law, Congress has determined who may be granted permanent or temporary residence, as well as who is prohibited from having lawful domicile in the country.
Absent further clarification from Congress, the question is whether temporary visitors and those who have not been granted formal entry into the country are subject to the jurisdiction of the United States as the matter applies to birthright citizenship.
As Congress is unlikely to act, the Supreme Court is tasked with determining what is constitutional under existing law. Notably, visa holders, asylum-seekers, illegal entrants and those with temporary protective status have not been granted permanent residency.
WILLIAM T. FIDURSKI
Clark, New Jersey
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