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Originally Posted by ut0pia 
I'm just curious, by not granting the baby citizenship would that baby technically be guilty of being born in the wrong place at the wrong time??? It didn't cross any borders, just came out of the womb and already it's an illegal immigrant 
Why should the child suffer for the parents' mistakes and crimes of illegally crossing a border? I think it's pretty clear a child can't possibly be held accountable for being born to a mother who crossed a border illegally.
And just which country would that child be a citizen of, since the country of birth refuses to grant citizenship?? What if the parents' country refuses to grant the child citizenship, also (some countries don't have the same law that states that if one parent is a citizen the child becomes one automatically regardless of place of birth)
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The baby is guilty of nothing and loses nothing.
Scenario 1: Parents stay in their home country. Baby is born to parents in home country. Baby has right to citizenship of mother and/or father. This is the normal case.
Scenario 2: Parents sneak into US and exist as fugitives from justice. Baby is born to parents illegally in US. Baby has right to citizenship of mother and/or father. Baby is in same legal state as if parents had not broken the law, so baby is no worse off for illegal actions of parents.
Scenario 3: Parents sneak into US as fugitives from justice. Baby is born to parents illegally in US. Because our broken immigration system now favors "bringing families together" as opposed to brining in people who can help our economy, we are stuck with an "American" baby with parents who are illegal aliens. Win for criminals, loss for us.
There are plenty of illegals who are hard working people with a decent work ethic and I'd like to see us find a way to get
those people integrated, and toss out the bloodsuckers and crooks who have no intention of assimilating or even trying to be decent citizens. As long as we allow their babies to become US citizens we are stuck, unless we want to keep the babies and throw out the parents.
I am not a constitutional scholar but to me the wording of the amendment is clear in excluding children born to illegal aliens:
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| : "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." |
If you are physically present in the US as the child of a fugitive from justice, ie you have not presented yourself to immigration officials to enter
legally, then you are not subject to the jurisdiction thereof.