[upier]

This needs to be brought back into play. The 14th Amendment reads:

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.

When an illegal alien comes to this country they are not "subject to the jurisdiction therof" so their children born in the US are not citizens. They have no rights and should be deported with the parents and not become anchors for that illegal and their families.

[P-40]

GOP House leaders did not let the proposal come to a vote.

Hopefully, said leaders will be unemployed soon. Free up a job for a Republican.

[RustMartialis]

IANAL, but illegal aliens are certainly 'subject to the jurisdiction' of the United States -- they're neither foreign diplomats (who possess diplomatic immunity) nor other 'immune' classes. If they weren't 'subject' you couldn't detain them or charge them with crimes - like illegal immigration, for example, surely?

And their children born here are born citizens - that's some heavy stare decisis to overturn.

I have no idea how any of the existing SCOTUS Justices would feel about a law that was on its face in contravention of the 14th Amendment and case law. I seriously doubt it would pass muster.

You'd have to pass a Constitutional amendement, I suspect. Good luck on that.

--R.

[wtc911]

Well-to-do Koreans visit family or friends in LA in month eight of a pregnancy and stay long enough to give birth so that the child will be American and can then avoid compulsory ROK military service later on.

[longtermmemmory]

Remember the 1996 immigration reform did away with anchor babies. Now if a "us citizen baby" is born to an illegal, the minor returns with the illegal when deported.

Additionally the citizenship of the minor may NOT be used to stay.

Of course immigration lawyers AND PARTICULARLY NON-LAWYERS WHO ARE ALLOWED TO PRACTICE BEFORE INS, have tried to game the system and claim the child has a "special need" to stay in the USA. (ADD, ADHD, illness, learning disability etc.) This is to accelerate the 10 year hardship visa requirment. (currently you hide the USA for 10 years and stay out of trouble and you get a hardship visa upon certain proofs.)

For those who don't know, ANYONE can play lawyer infront of the immigration service if you are accepted upon demonstrating knowledge. Thus even a paralegal can represent third parties without being a lawyer. This is how the left wing charities are able to represent illegals.

[BenLurkin]

This should be back-dated about 30 years.

Revoke teh citizenship of all anchor babies after 1076.

[CottonBall]

When an illegal alien comes to this country they are not "subject to the jurisdiction therof" so their children born in the US are not citizens.

I couldn't agree more. Although, this article is old - December 27, 2005.

[azhenfud]

"Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

Congress has more constitutional power granted it to restrict birthright citizenship than it does to infringe on the First and Second Amendment rights, which it often does so with impunity.

[Dante3]

This issue should have top priority.