Originally posted by: CharlesII
It's actually not as straightforward as you suggest. There's a second criteria there "and subject to the jurisdiction thereof".
"Critics claim that anyone born in the United States is automatically a U.S. citizen, even if their parents are here illegally. But that ignores the text and legislative history of the 14th Amendment, which was ratified in 1868 to extend citizenship to freed slaves and their children.
The 14th Amendment doesn’t say that all persons born in the U.S. are citizens. It says that “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof” are citizens. That second, critical, conditional phrase is conveniently ignored or misinterpreted by advocates of “birthright” citizenship.
Critics erroneously believe that anyone present in the United States has “subjected” himself “to the jurisdiction” of the United States, which would extend citizenship to the children of tourists, diplomats, and illegal aliens alike.
But that is not what that qualifying phrase means. Its original meaning refers to the political allegiance of an individual and the jurisdiction that a foreign government has over that individual."
Birthright Citizenship: A Fundamental Misunderstanding of the 14th Amendment | The Heritage Foundation
The Supreme Court has never ruled on a case where father and mother were illegally in the US. For example, could an illegal alien be drafted into the US military? If not then they aren't fully subject to US jurisdiction, are they?
The "anchor baby" bullshit has to stop. The parent(s) benefit from all assistance programs, welfare, free medical while not being citizens. This is wrong.