Advocates of maintaining this citizenship policy argue that the plain language of the Citizenship Clause of the 14th Amendment protects automatic birthright citizenship for all children born to illegal and temporary aliens. However, several legal scholars and political scientists who have delved into the history of the 14th Amendment have concluded that “subject to the jurisdiction thereof” has no plain meaning and that the executive branch’s current, broad application of the Citizenship Clause may not be warranted.
In the United States, both Democrats and Republicans have introduced legislation aimed at narrowing the application of the Citizenship Clause. In 1993, Sen. Harry Reid (D-Nev.) introduced legislation what would limit birthright citizenship to the children of U.S. citizens and legally resident aliens, and similar bills have been introduced by other legislators in every Congress since. The current Congress saw the introduction by Rep. Nathan Deal (R-Ga.) of the “Birthright Citizenship Act of 2009,” which so far has gathered nearly 100 sponsors.
We need Congress to pass a law and see it is challenged and goes to SCTUS. We may not need a constitutional amendment.
Thank you. I have always had a difficult time understanding how “subject to the jurisdiction thereof” meant a baby born here was automatically a citizen.
Hopefully Congress will clarify that at some point. A baby is subject to the jurisdiction of it’s parents, not to the laws and courts of the land.