Author left out pertinent details on Supreme Court’s citizenship ruling

Re “When justices’ new term starts Monday, will they uphold Trump’s power plays?” (Oct. 5): Edwin Chemerinsky, dean of UC Berkeley Law School, wrote that the Wong Kim Ark decision grants U.S. citizenship for all births except to diplomats or invaders. U.S. v Wong Kim Ark reads: “Chinese persons…are entitled to the protection of, and owe allegiance to, the United States so long as they are permitted by the United States to reside here.” This decision holds the condition that a citizen birth is to a parent owing allegiance as a legal resident. There is no U.S. Supreme Court decision granting citizenship for births to undocumented persons.

Another misinterpretation is “subject to the jurisdiction.” The 14th Amendment’s authors’ recorded words in the Congressional Record confirm “subject to the jurisdiction” means the same as “not subject to any foreign power” in the Civil Rights Act of 1866, which became law two months earlier. Undocumented persons are under territorial jurisdiction, not subject to complete jurisdiction, which was the 14th Amendment’s intent.

— Ted Hilton, San Diego