If foreign diplomats bear chidren while here, their kids are not US citizens. Why then are kids of illegals citizens?
Because foreign diplomat’s children are not potential democrat voters.
susie
“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...”
14th Amendment
Note the “and subject to the jurisdiction thereof” clause. Some have interpreted the intent of that to mean if you are ILLEGAL, you are not “subject to the jurisdiction” of the US or any state. Maybe it is time for that to go before the SCOTUS.
Illegal immigrants are not foreign diplomats, and we exercise jurisdiction over Palo Alto. The children of illegal immigrants derive their citizenship from the Fourteenth Amendment. If a diplomat commits a crime, then our courts cannot punish that diplomat because we lack jurisdiction over diplomats under international law. The Fourteenth Amendment language regarding birthright citizenship itself derives from English common law that makes all persons born in Britain subjects of the King. It exempts only three classes of persons—foreign diplomats with their obvious loyalty to the potentate that sent them; persons born to enemy foreign invaders; and American Indians not taxed and not subject to our jurisdiction because we then negotiated treaties with their tribes and nations.
Although the situation in certain cities and border towns might suggest severely otherwise, the United States presently exercises jurisdiction over its entire territory and has done so continuously since World War II. The illegal immigrants who constantly overwhelm our Southwestern border establish themselves in our country because we traditionally voluntarily choose not to exercise our jurisdiction over them with respect to immigration law, not because some treaty or other provision of international law prevents us from doing so. Mexico does not sponsor, arm, and equip the border-jumpers although its government condones and encourages intense emigration. The hordes streaming across the southwestern border therefore do not constitute an invading army within the strictures of international law.
The children therefore are Americans, and the article makes clear that none desires to remain in Mexico. They ironically even might not possess Mexican citizenship. Notwithstanding their obvious preference to return to America, I hereby suggest that they migrate within Mexico in search of some opportunity. Mexico actually does have some prosperous regions that embraced conservative economics and consequently recovered more fully from decades of communistic deprivations.