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Shouldn't Justice Ginsberg Done The Reverse?

I am not a lawyer so any lawyers here. The case is about a young man born in the Dominican Republic. His father was a US citizen but lived in US for less then five years after he was 14. The mother was from DR. I always thought if you were born here was all it took to confer citizenship to ones child not a five year rule.

With unmarried couples citizenship is given to the child if the mother was American and lived in US for one year after age 14. Its five years for the reverse ie in this case.


SCOTUS decided the one year was unconstitutional. Thus its five years for both genders.

Shouldn’t she have reversed and wrote the five year for the father was unconstitutional? That it has to be one year for either gender. This way this young man would be an American citizen and not face deportation?


Someone explain.


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