“They clearly do have citizenship under the current Nationality Act. Whether the birthright citizenship provisions of that statute could be repealed without violating the 14th Amendment is debatable, but to say they “don’t have” citizenship is just plain wrong.”
What the Nationality Act says is nearly verbatim to the 14th Amendment:
INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH
Sec. 301. [8 U.S.C. 1401] 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;
http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html
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If you meet certain requirements, you may become a U.S. citizen either at birth or after birth.
To become a citizen at birth, you must:
• Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR
• had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements
U.S. Citizenship and Immigration Service
http://www.uscis.gov/us-citizenship
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The question is, are they subject to the jurisdiction of the United States?
Seeing as how the parents have defied U.S. jurisdiction by skirting our immigration laws, how can being born here as the result of a criminal act place one under the jurisdiction thereof?
Back when this was written the meaning of having jurisdiction over meant you had allegiance too. Thus Great Britain having jurisdiction over because you were born there meant you had allegiance too.
Illegal aliens break US laws all the time so are subject to US jurisdiction? Mexico retrains jurisdiction over them and their allegiance.
The reason illegals can be deported is because they ARE “subject to the jurisdiction” of our immigration laws. The only people in the U.S. who aren’t subject to the jurisdiction of U.S. law are people with diplomatic immunity and members of a foreign invading military on American soil.
Under federal law, anyone with a U.S. Passport is a national and/or citizen:
The law: 42 CFR § 435.407 Types of acceptable documentary evidence of citizenship.
For purposes of this section, the term “citizenship” includes status as a “national of the United States” as defined by section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) to include both citizens of the United States and non-citizen nationals of the United States.
(a) Primary evidence of citizenship and identity. The following evidence must be accepted as satisfactory documentary evidence of both identity and citizenship:
(1) A U.S. passport. The Department of State issues this. A U.S. passport does not have to be currently valid to be accepted as evidence of U.S. citizenship, as long as it was originally issued without limitation. Note: Spouses and children were sometimes included on one passport through 1980. U.S. passports issued after 1980 show only one person. Consequently, the citizenship and identity of the included person can be established when one of these passports is presented. Exception: Do not accept any passport as evidence of U.S. citizenship when it was issued with a limitation. However, such a passport may be used as proof of identity.
(2) A Certificate of Naturalization (DHS Forms N-550 or N-570.) Department of Homeland Security issues for naturalization.
(3) A Certificate of U.S. Citizenship (DHS Forms N-560 or N-561.) Department of Homeland Security issues certificates of citizenship to individuals who derive citizenship through a parent.
(4) A valid State-issued driver’s license, but only if the State issuing the license requires proof of U.S. citizenship before issuance of such license or obtains a social security number from the applicant and verifies before certification that such number is valid and assigned to the applicant who is a citizen.
[excerpt]
https://www.law.cornell.edu/cfr/text/42/435.407