The Supreme Court has never ruled on whether a baby born to an ILLEGAL has standing. In 1898 they ruled that legal immigrants children become American citizens at birth.
Certainly a ploy by Trump to force the Supreme Court to rule on the matter.
As it is, I am convinced that the 14th Amendment did not protect illegals on the question of birthright.
Mark
That's the question. But if Trump's ploy was just about forcing the SC to rule, he didn't have to wait until a week before an election while declaring we are being invaded by a caravan 1000 miles away from our border. LOL
What practical purpose does it serve to allow someone to sneak across the border illegally and have a baby, and that baby is an American citizen?
Why?
There's no law saying we can't deport those people. Or even make it very uneconomic to hire them. So, your question is not really the question.
If you are asking whether the drafters and those who ratified the 14th could have anticipated 8-10 million people illegally working in the US .. no they probably didn't think our congress and society would be so dysfunctional so as to somehow need that many workers who'd work for less than citizens get.
But the 13th made legally owning slaves impossible. The 14th made it impossible to create a caste system of non-citizen workers. The result was Ark's case. We could not legally import some number of non-citizen workers and deny their children citizenship. And as a result the South created Jim Crow, whereby negroes could be kept in a location by use of force and given the choice of working cheaply or dying. The two black migrations and civil rights laws ended that.