“The Center for Immigration Studies has published a number of reports on birthright citizenship and it is clear that neither Congress nor the Supreme Court has ever mandated that children born to illegal and temporary aliens must be considered U.S. citizens under the Constitution.”
Incorrect.
The 14th Amendment is clear and specific in its own text that those born in the United States are citizens of the United States, as recognized by the Supreme Court in
United States v. Wong Kim Ark (1898), and as reaffirmed by the Court in
Plyler v. Doe (1982).
In addition to violating the Amendment's Citizenship Clause, to deny those born in the United States citizenship solely as a consequence of their parents' immigration status would violate the Due Process Clause of both the 5th and 14th Amendments, and the fundamental tenet of Anglo-American judicial tradition that children not be subject to punitive measures as a consequence of their parents' bad acts, such as entering the country absent authorization (see, e.g., W
eber v. Aetna Casualty & Surety Co. Et Al (1972)).
The 14th Amendment was ratified to render null and void
Dred Scott v. Sandford (1857), which held that because Americans of African descent were brought to the United States as slaves and held as slaves, they were not members of the political community that participated in the creation of the Constitution, and consequently not entitled to its protections.
To ensure such a legal doctrine never again be applied, the Framers of the 14th Amendment codified citizenship at birth along with due process and equal protection of the law.