The responses in Immigration Daily concerning Matt Berdahl's question, are all technically correct, however, not enough facts were provided in Mr. Berdahl's question so as to give full and proper analysis. Mr. Berdhal's question was: What if a baby was on a row boat, let's say it was shipwrecked, and drifted into one of our American harbors or wherever, it came from no one knows, and it is here. There is no idea of the parents of this child whether or not they are American, no one knows. Is this baby a US citizen and is eligible to run for US President in the future?
Well, as they taught us in law school, "that depends". Now I know all the WASPs were picturing Boston Harbor, but what if the "harbor" in Mr. Berhdal's query were Miami or Key West? What if the baby were Cuban or Haitian or Dominican? Now, remember, Mr. Berhdal's question specifically says it drifted into the harbor . . . it does not say it landed on the shore, but that he was "on a row boat". Given the "wet feet / dry feet" policy of the CIS at our Southeastern Gateway to the US regarding acceptance or rejection of persons attempting to enter the USA from the Southeastern Gateway, since the baby has "wet feet", would anyone like to comment on this twist of the factual scenario? As they say, "the devil is in the details".
David D. Murray, Esq.
Newport Beach, CA
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