The simple truth:
The Constitution, 14th Amendment: “”All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States”
Title 8 USC 1401 clarifies: “The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof...”
Elk v. Wilkins merely decided that the Indian Nations were foreign powers, and therefore children born in the Indian Nations were not “born in the United States.” This exception was eliminated by “The Indian Citizenship Act of 1924”
Currently, only the children of diplomats are not deemed US citizens upon birth in the US. This is because diplomats are not “subject to the jurisdiction” of the US — which is also why they can’t be charged with crimes in the US
Conclusion: An woman can enter the country illegally ten minutes before giving birth. The child is automatically a citizen of the United States.
You may not like it; you can try to change it; but don’t try to use a Supreme Court decision from 1884 that isn’t even applicable anymore to support a falsehood.
So an illegal act will grant anyone American citizenship?
That’s like saying if my parents robbed a bank of a million dollars I am entitled to keep the money if they put the stolen money in a trust account for me before I was born.
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