Regarding the 14th amendment, why can’t congress passed a law which states that children born to illegals are not under the jurisdiction of the US? Problem solved without having to fight over the meaning of the 14th amendment.
It’s been proposed many times and shot down every time.
Recall the Birthright Citizenship issue from just a couple of months ago which Trump brought up.
Notably it has been shot down in Republican Majority congresses. Maybe when we get a new Speaker, that might change things.
The history of it goes back to the early 1990’s.
You expect Congress to vote on something substantial the majority of the people they represent agree with?
Because then they could rape, rob and murder and not be prosecuted. Children born here to foreign diplomats aren't citizens because they and their parents have diplomatic immunity.
Apart from the practical reason already noted (a denial of jurisdiction over illegal aliens would be tantamount to a grant of "diplomatic immunity"), there is an argument it is beyond Congressional power to do so. The Supreme Court has stated:
"Congress having no power to abridge the rights conferred by the Constitution upon those who have become naturalized citizens by virtue of acts of Congress, a fortiori no act or omission of Congress, as to providing for the naturalization of parents or children of a particular race, can affect citizenship acquired as a birthright, by virtue of the Constitution itself, without any aid of legislation. The Fourteenth Amendment, while it leaves the power where it was before, in Congress, to regulate naturalization, has conferred no authority upon Congress to restrict the effect of birth, declared by the Constitution to constitute a sufficient and complete right to citizenship." U.S. v. Wong Kim Ark, 169 U.S. 649, 703 (1898)
Or, to phrase the argument another way: that which the Constitution grants (or protects) cannot be modified by Congressional act alone.
A Congressional act asserting that illegal aliens are not "subject to the jurisdiction" of the U.S. for birth-citizenship purposes, while at the same time trying to affirm that such are still subject to U.S. laws for other purposes, would face much criticism as being self-contradictory.