- Jan 12, 2013
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“All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside.”The birthright citizenship discussion is interesting from a legal perspective
It’s the constitution. The course of action is either getting a constitutional convention to amend it or a SC ruling interpreting the 14th amendment differently, which would go against a lot of previous precedent.
There has been no ruling on children of illegal immigrants but the SC has reaffirmed the common understanding of birthright citizenship multiple times. There is many decades worth of precedent in both the SC interpretations and rulings and Congress’ interpretations.
The key 1898 US v. Wong Kim Ark SC case specifically opined on the “subject to the jurisdiction thereof” language and stated it was meant to exclude (besides Native Americans on tribal property) just 2 groups; diplomats and their children and the children of enemy occupiers.
The amendment was a direct response to the notorious Dred Scott SC ruling.
The widely accepted interpretation of birthright citizenship is also enshrined in a number of congressional statutes.