Why are children of illegal aliens born in America considered US citizens?

Question

Is this something that is made-up by the rich for cheap labor or is there a constitution basis or other legal basis for it.?
Also, who has the jurisdiction in these cases; the Courts, the Congress or the Federal Government?

Answer 1

Anyone that argues that it is the law of the land, or that it is in the Constitution or the 14th amendment guarantees it is just plain ignorant. They are simply repeating what they hear.

Anyone that has studied the 14th amendment, its authors, and the proceedings of the 39th Congress will tell you that the 14th amendment was worded so that it would EXCLUDE birthright citizenship to foreigners and aliens.

Sen. Jacob Howard, who wrote the Fourteenth's Citizenship Clause stated, when introducing the clause to the Senate:

"This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."

Notice the key words foreigners and aliens.

Sen. Howard left no doubt what the clause meant in 1868: "The Constitution as now amended, forever withholds the right of citizenship in the case of accidental birth of a child belonging to foreign parents within the limits of the country."

Now how clear does it have to be?
To those that say it has always been that way? wrong again

Secretary of State, Thomas Bayard, said of a German alien born in Ohio in 1867: "Richard Greisser was, no doubt, born in the United States, but he was on his birth 'subject to a foreign power,' and 'not subject to the jurisdiction of the United States.' He was not, therefore, under the statute and the constitution, a citizen of the United States by birth; and it is not pretended that he has any other title to citizenship."

John Peter Sharboro was born in the United States to Italian parents in 1852, his father became naturalized in 1860. At the time of his birth his father was subject to a foreign power, and it was held that John followed the citizenship of his father. Once his father had become naturalized, John automatically became a naturalized citizen of the United States.

The fact is this: There has never been a court case which specifically adressed birthright citizenship to the offspring of illegal aliens. It has NOT always been that way as evidenced by the examples above. It is abundantly clear that the 14th amendment denies birthright citizenship. No one can really say WHO decided otherwise. Who and by what authority did the US start granting automatic citizenship? Granting birthright citizenship is unconstitutional and in direct violation of the citizenship clause of the 14th amendment.

Answer 2

Yes,it is a concern. This law only encourages more illegal immigration. The parents broke the law and should face the consequences. We don't allow a thief or a drug dealer to avoid jail just because they have children. The parents have the option of taking their children with them when deported,as good parents should,or abandon them here in the US for others to take care of. The 14th amendment needs to be more clearly defined. No citizenship should be given unless at least one parent is a citizen.

Answer 3

Fourteenth Amendment.

Section 1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Written in 1868, it was intended to make former slaves who were born in the United States citizens, but it has been misused by the illegals. However, that is the legal basis.

Answer 4

Cause Bleeding Heart Liberals interpret the 14th Amendment incorrectly.
The 14th Amendment was written regarding Slaves and NOT Illegal Aliens and their offspring.
US Congress needs to clarify the 14th Amendment to end this Anchor Baby Loophole.

Answer 5

If you are born in America, then guess what? You are an American. I was told that an illegal alien parent can stay with their child until the child turns 18, then the parent has to go back to the homeland. I don't know if this is true or not, but one friend told me that they have a kid every three years so they can stay in country. Just a rumor....

Answer 6

The Constitution.

Answer 7

The law of the land since we were established as a country is that anyone born in the USA is a citizen.

Answer 8

maybe because they are born here.. why do you think you are considered us citizen idiot because you are born here..duh.. and you are considered citizen in any country you are born in... go back to high school if you need to know the legal basis

Answer 9

It is a glitch in the constitution that never forsaw a full scale invasion of the country. It needs to be changed. But it won't be.

Answer 10

Unfortunately, that is the jeopardy of the US Constitution.