Has the 14th ammendment ever been challenged as far as anchor babies go?

Question

"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."

"All persons born or naturalized in the United States, and*** subject to the jurisdiction thereof***, are citizens..."

I'm just curious have any groups ever challenged that in court? It would seem that if you were in the country unbenownst, you wouldnt be under US jurisdiction.

i dont think a change would ever happen, there isnt enough support. but the interpretation could change. the 1st amendment for instance has limits

Poodle: i have never heard of that and couldnt find anything. do you know of a source by chance?


and i agree its probably a stretch, but what im arguing is that they should not qualify because they are avoiding subjecting themselves to our jurisdiction, so they should not be considered under our jurisdiction and not entitled. if they would be here on a visa or what not then i think it should still apply

Answer 1

The 14th amendment came out of the end of slavery. There's a lot of racially/politically charged energy in challenging the amendment. I don't think it would be affected at all as you could open pandora's box.

Answer 2

Noone has brought the matter up as a challenge to the 14th amendment. Being in the country illegally does not take one out of the jurisdiction of the state or the federal government and anyone within the borders of the United States is entitled to due process. In other words, all persons, regardless of national origin or mode of entry into the U.S. can have their day in court, to challenge any charge made against them.

Answer 3

Just recently the US has made stipulations to that law which that those children born in the US by parents that are illegally residing in the US are considered illegal also and are not considered US citizens. This was implemented on the books as of November 1st 2006. Those children born in the US by parents whether here on long term Visas such as student, work, or described in their immigration documents as extended stay visas excluding tourist Visas or here on Greencard status are considered US citizens under the 14th amendment as parents are considered legally residing in the US.

It was a statement sent to our Health Department in North Carolina back in February. I translate there on a part time basis. When I go back there on Monday I will try to find it in the benefits department. We have had to deny over 125 families of babies any medicaid insurance except for prenatal care. After the child reaches the age of 2yrs WIC is also canceled and all medical is billed. They still come to the department because we have translators on staff and they pay while they are there or pay as much as they can when they come. The billing department has said that most of the bills sent out and returned with payment for services rendered are mostly those with Hispanic last names. What does that about the rest of the tax paying Americans that owe huge amouts for services they have no insurance for? Even my neighbor who is Hispanic paid her whole hospital bill off just this past month after giving birth to her baby daughter 6 months ago and is paying cash for all her doctors appointments. But I will try to find that for you.

Answer 4

In the UK the law was changed in 1983 where being born in the UK is not automatic right to British citizenship. An illegal has no right to a visa or British citizenship even if they are born in the country! Only if you have British parents or have the right to abode there (like the green card basically) then you child will be British. If you are on a student, work, visitor visa your child will not be a British citizen.

Maybe the States need to have a similar law?