"who have a permanent domicile and residence in the United States" 并不是今天定义的"Legal Permanent Residence". "Permanent Domicile and Residence" 里的PERMANENT指的是personal intention, 而不是legal status.
当然,指望川普(或川粉)搞清这个不现实:-)
For purposes of jurisdiction, “domicile” means a legal residence which is the place where a person has fixed dwelling with an intention of making it his/her permanent home[i].
Domicile is a combination of two factors namely, residence and intent to remain. As the term domicile includes residence, the scope and significance of the term domicile is larger than the term residence. An individual may have several residences whereas; s/he will have only one domicile. Domicile is more used in reference to personal rights, duties and obligations[ii].
Generally residence is referred to a place, where one person lives. It is also a building used as home. Residence is of a more temporary nature compared to domicile. An individual’s present physical location of stay is residence[iii]. It may be one among several places where a person may be present. Residence can also be referred to a person’s fixed place of stay without any intention to move from there.
关于黄金德案最高法的解释被反复引用的话中,“Chinese citizens who have a permanent domicile and residence”和“carrying out business in the United States”显然是理据的陈述,从而有别于必要条件。注意到这里提到了中国人,还有做生意。没有道理中国人或做生意也会是必要条件。所以理据的陈述会包括更强或更特殊的理由,而必要条件则是最低限度必须满足的条件。“not employed in a diplomatic or other official capacity by a foreign power”就是一个必要条件。想要真正弄清楚事实而不是只想着选战左左右右的应该能理解这里的区别。
"The Supreme Court held that under the Fourteenth Amendment, a man born within the United States to Chinese citizens who have a permanent domicile and residence in the United States and are carrying out business in the United States—and whose parents were not employed in a diplomatic or other official capacity by a foreign power—was a citizen of the United States. "
并非不论父母是什么身份!