Birthright Citizenship simply refers to the principle that if you are born in the US then you are a US citizen. This has been the traditional interpretation of the 14th Amendment which states:
“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.”
Despite what much of the media is saying Trump is NOT, at least not yet, trying to eliminate birthright citizenship or defy the 14th Amendment to the US Constitution.
The claim, and it has been a conservative claim for at least a decade, is that illegal aliens, and therefore their offspring, are not "subject to the jurisdiction thereof" of the United States and therefore are not automatically granted citizenship.
This seems to contradict a Supreme Court decision in 1898. In the landmark case “U.S. v. Wong Kim Ark” the Supreme Court decided that the 14th Amendment must be interpreted based upon English Common Law and included all native-born children except for those who were: (1) born to foreign rulers or diplomats, (2) born on foreign public ships, or (3) born to enemy forces engaged in hostile occupation of the country's territory.
Note that "born to illegal immigrants" is not listed as an exception. The problem is that Wong Kim Ark's parents were LEGAL immigrants.
The question was referred to in a footnote in "Plyler v. Doe" in 1982 which interpreted "Wong Kim Ark" as making "no plausible distinction...between legal and illegal resident aliens."
"Plyler v. Doe" may not settle the matter because the footnote is dictum and could arguably be said to be a misinterpretation of "Wong Kim Ark."
Besides, we already know that this court doesn't care about legal precedent or stare decisis. If they can overturn the 50 year old "Roe v. Wade" then why not the 125 year old "Wong Kim Ark?"
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