According to law they are treated the same with one expectation. An undocumented immigrant who can prove they have lived in this country illegally for over 10 years and who can also show to the courts ratification that removal of the parent from the US would cause extreme hardship on the child may be granted resident status. In most cases if there is a second parent or guardian, the appeal will fail. Or if the child is receiving financial support from the state and is being supervised by the state the appeal will fail. Also if the government show that parent has a criminal record, the appeal will fail. Of all the many defenses against deportation, using a dependent child who is a citizen as a sole defense is rarely successful.What laws do illegals get above everyone else by having a baby? What law says they aren't treated the same as if no baby was involved?You are absolutely right, Ravie, but why should illegals above everyone else get that protection via having a baby?Diplomats aren't subject to our jurisdiction. They could get away with murder because we can't prosecute them. Aliens that are not diplomats do not enjoy that protection because they are under our jurisdiction.that's undoubtedly an illegal act and the parent could be prosecuted and deportedWhere does it say you can come here illegally and have your kid?
doesn't change that the kid would be a citizen - unless you can point to a part of the 14th amendment that excludes the children of illegal immigrants?
There is no reason why we can't write laws that would exclude them.
Changing the status quo would appear to require a constitutional amendment, a number of legal scholars disagree, concluding that nothing in the plain language of the amendment requires the present, expansive interpretation of birthright citizenship, and noting that the peculiar phrase in Section 1 referring to persons who are “subject to the jurisdiction thereof…” would in fact seem to imply otherwise.
Possible Defenses to Deportation of an Undocumented Alien | Nolo.com