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by Anonymous on July 11th, 2008
If by "in America" you mean the child is actually born in America (as opposed to conceived in America), then under the current interpretation of the 14th Amendment, yes.
However, the 14th Amendment was not intended to give birthright citizenship. It was passed to ensure former black slaves were given the same rights as everyone else. The current interpretation of the amendment ignores that line "and subject to the jurisdiction thereof."
Is it possible to have Spanish& American citizenship?
by Answerbag Staff on June 9th, 2010
| 1 person likes this
Should they abolish immigration, or at least pare it down to ONE family per continent/ethnicity granted citizenship per year?
by Have A Nice Day on June 11th, 2011
| 1 person likes this
Just learned that Rupert Murdock became an American citizen some years ago. :( Is your country smarter about who becomes a citizen?
by RosieGHM Jetpacker on July 14th, 2011
| 1 person likes this
im a american resident, but my brother lives in england, but wants to live here any ideas?
by Darien_G on May 2nd, 2011
| 1 person likes this
What nationality are you??
by sm60 on July 3rd, 2011
| 1 person likes this
You're reading If two illegal aliens have a child in America does that make the child a legal US citizen?
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Comments
The line "and subject to the jurisdiction thereof" was meant to exclude foreign diplomatic personnel and their families, who indeed are not subject to US jurisdiction. They have "diplomatic immunity" and cannot be arrested, tried, imprisoned in the US - although they can be deported.
Immigrants, illegal or otherwise, are very much subject to US jurisdiction - they can be arrested, tried and imprisoned in and by US authorities.
by jrbowler on November 10th, 2009
That is the current interpretation, but that was not the intent of the drafters. The 14th Amendment had the sole purpose of overruling the “black codes.” The drafters also never intended that the 14th Amendment would incorporate the bill of rights to the states, but that is the current state of the law.
by Anonymous on November 11th, 2009