Berkeley CSUA MOTD:Entry 54692
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2013/6/13-7/2 [Uncategorized] UID:54692 Activity:nil
6/13    If an illegal alien digs a tunnel and crosses the US border (but does
        not surface) and gives birth, is the birth considered to be in
        US soil?
        \_ I'm no laywer and I have no idea.  Some thoughts:
           1. Like you said, the baby would be technically born *in* US soil,
              not *on* US soil.
           2. However, I'm guessing that "jus soli" doesn't actually
              distinguish between "in" and "on", which is only an artifact of
              expressing the concept in English.
           3. How many feet down into the soil is US jurisdiction applicable?
              If it's a legitimate tunnel or subway station or basement of a
              building, sure.  But what about the tunnel here?  (This would
              affect whether jus soli applies.)