Specifically:

The 14th Amendment 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.” In the landmark case of Wong Kim Ark (1898), the Supreme Court held that a person born in the United States to resident aliens (i.e., parents who are not US citizens) is still a natural-born citizen. The CRS Report (2015) states: “The child born of alien parents in the United States is held to be a citizen thereof, and to be subject to duties with regard to this country which do not attach to the father.” The Attorney General’s clarification (as quoted in the 2006 report) emphasizes that children born in the United States to alien parents are subject to the jurisdiction of the United States and are therefore natural-born citizens.

In summary, based on the Constitution, Supreme Court decisions, and legal analyses, people born in the United States to alien parents are considered natural-born citizens. Only one of her parents needed to be here legally and even if not, I do not believe it matters based upon established jurisprudence. The prevailing legal consensus is that children born in the United States, regardless of their parents’ immigration status, are U.S. citizens. If that were not the case, then foreign parents would not spend all kinds of money just to have their children born in the US and pregnant illegals would not jeopardize their lives to make it across the border before they give birth. So frankly, I think that in the case of Harris, there is no case at present bringing her eligibility into question. However, I do agree that these laws need to be changed to take away the anchor baby situation but that is something Congress has establish and I do not see that happening any time soon.

Specifically:

The 14th Amendment 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.” In the landmark case of Wong Kim Ark (1898), the Supreme Court held that a person born in the United States to resident aliens (i.e., parents who are not US citizens) is still a natural-born citizen. The CRS Report (2015) states: “The child born of alien parents in the United States is held to be a citizen thereof, and to be subject to duties with regard to this country which do not attach to the father.” The Attorney General’s clarification (as quoted in the 2006 report) emphasizes that children born in the United States to alien parents are subject to the jurisdiction of the United States and are therefore natural-born citizens.

In summary, based on the Constitution, Supreme Court decisions, and legal analyses, people born in the United States to alien parents are considered natural-born citizens. Only one of her parents needed to be here legally and even if not, I do not believe it matters based upon established jurisprudence. If that were not the case, then foreign parents would not spend all kinds of money just to have their children born in the US and pregnant illegals would not jeopardize their lives to make it across the border before they give birth. So frankly, I think that in the case of Harris, there is no case at present bringing her eligibility into question. However, I do agree that these laws need to be changed to take away the anchor baby situation but that is something Congress has establish and I do not see that happening any time soon.