No, she doesn't.
No anchoring = no anchor baby
It's pretty clear that the writers didn't consider foreign nationals "subject to the jurisdiction thereof". That is indicated by the specific exemption from birthright citizenship of Native Americans, foreign troops and diplomats. While Native Americans had resided in the USA long before it became a nation and resided in it all their lives, their primary allegiance was to their tribes or nations. Immigrants, both legal and illegal fall into the same category. Until they become American citizens, their primary allegiance is to the nations they immigrated from.
That is simply not true. Because Native Americans and diplomats were not here of their own free will but were a conquered people or sent here by a foreign government as representatives. The native tribes were considered a foreign nation as a token of respect for their limited independence. They were treated much like small independent states. Diplomats were ordered here by their governments, so they had no allegiance to this nation.
Free will doesn’t matter and the nations the illegal aliens come from are legally foreign nations. So it is a direct comparison.
Yes, it does, and SCOTUS will likely decide to do nothing.
I think SCOTUS will do as little as it can get away with. Anchor babies are a thorny problem. The best I can see happening in grandfathering in as citizens all born before the decision is handed down. The worst is the SCOTUS does nothing and lets the matter fester for another decade.
Do you support deporting the US born minor children of illegal aliens, aka “anchor babies?”
That is why they will do nothing. They will not create a new precedent on old text.
I do, hand them a US passport on the way out of the country if they can't find a legal family member to take the child.
Indians were born here and living here. Children of diplomats were born here and living here.
Children of foreign diplomats do not qualify, as far as I am aware. I believe Native American tribal members are basically born with dual citizenship. Neither of these are considered illegal aliens.
Native Americans were specifically excluded from birthright citizenship in the Amendment. Today they have dual citizenship IF they have a high enough percentage of Native blood. I believe the cutoff is between 1/4 and 1/16th. That is set by every individual tribe. I believe since the advent of Indian Casinos the percentage requirement has gotten higher since tribal members get a cut of the casino profits.
