For anyone interested, here is an essay on why birthright citizenship does not exist for the children of illegals and tourists. Feel free to share if you like.
TL;DR: "Birthright" citizenship is only for stateless persons, like the freed slaves after the Civil War. Anyone who is already a citizen of another country, or whose parents are, is not a stateless person and is not eligible for "birthright" citizenship.
The 14th Amendment says: "All persons born or naturalized in the United States, AND subject to the jurisdiction of the United States, are citizens of the United States."
There's a great big AND in there. Both conditions must be true in order for you to be a U.S. citizen.
You might have been born on U.S. soil, but you are not subject to "the jurisdiction" - defined as "the legal authority" - of the United States when you are already a citizen of another country.
And if neither one of your birth parents is a citizen of the U.S., and are citizens of another country, then you're a citizen of THEIR country and NOT subject to the jurisdiction of the United States.
The 14th was passed to address the question of emancipated slaves following the Civil War. Those people were born on U.S. soil but told they were not citizens under the law.
But neither were they "subject to the jurisdiction" of any other nation, either, since they had never even been to any other nation and had no ties to any other nation.
That made them stateless persons. The ONLY nation they were "subject to the jurisdiction of" was the U.S., since that's where they were born and that's where they were living. So it was decided that they would be considered citizens on that account.
Illegal migrants, visitors, and birth tourists are not "subject to the jurisdiction" of the U.S. That's because they are already citizens of another country.
And if a baby born on U.S. soil has parents which are citizens of another country, the baby is a citizen of the parents' country.
That baby is NOT "subject to the jurisdiction" of the USA. It is subject to the jurisdiction of the country of which it is a citizen.
That is why birthright citizenship does not exist unless it can be shown that the person born in the United States is a stateless person. Tourists and illegal migrants are not stateless persons. They are all citizens of some other country, NOT of the United States.
For anyone interested, here is an essay on why birthright citizenship does not exist for the children of illegals and tourists. Feel free to share if you like.
TL;DR: "Birthright" citizenship is only for stateless persons, like the freed slaves after the Civil War. Anyone who is already a citizen of another country, or whose parents are, is not a stateless person and is not eligible for "birthright" citizenship.
The 14th Amendment says: "All persons born or naturalized in the United States, AND subject to the jurisdiction of the United States, are citizens of the United States."
There's a great big AND in there. Both conditions must be true in order for you to be a U.S. citizen.
You might have been born on U.S. soil, but you are not subject to "the jurisdiction" - defined as "the legal authority" - of the United States when you are already a citizen of another country.
And if neither one of your birth parents is a citizen of the U.S., and are citizens of another country, then you're a citizen of THEIR country and NOT subject to the jurisdiction of the United States.
The 14th was passed to address the question of emancipated slaves following the Civil War. Those people were born on U.S. soil but told they were not citizens under the law.
But neither were they "subject to the jurisdiction" of any other nation, either, since they had never even been to any other nation and had no ties to any other nation.
That made them stateless persons. The ONLY nation they were "subject to the jurisdiction of" was the U.S., since that's where they were born and that's where they were living. So it was decided that they would be considered citizens on that account.
Illegal migrants, visitors, and birth tourists are not "subject to the jurisdiction" of the U.S. That's because they are already citizens of another country.
And if a baby born on U.S. soil has parents which are citizens of another country, the baby is a citizen of the parents' country.
That baby is NOT "subject to the jurisdiction" of the USA. It is subject to the jurisdiction of the country of which it is a citizen.
That is why birthright citizenship does not exist unless it can be shown that the person born in the United States is a stateless person. Tourists and illegal migrants are not stateless persons. They are all citizens of some other country, NOT of the United States.