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Current estimates indicate there may be over 300,000 anchor babies born each year in the U.S., thus causing illegal alien mothers to add more to the U.S.
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law and obtaining citizenship for their offspring, nor obtaining benefits at taxpayer expense. The original intent of the 14 th Amendment was clearly not to facilitate illegal aliens defying U.S. (b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe. (a) a person born in the United States and subject to the jurisdiction thereof The following shall be nationals and citizens of the United States at birth: The Citizens Act of 1924, codified in 8USCSß1401, provides that:
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In Elk v.Wilkins, the phrase 'subject to its jurisdiction' excluded from its operation 'children of ministers, consuls, and citizens of foreign states born within the United States.' In Elk, the American Indian claimant was considered not an American citizen because the law required him to be 'not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance.'Ĭongress subsequently passed a special act to grant full citizenship to American Indians, who were not citizens even through they were born within the borders of the United States. Over a century ago, the Supreme Court correctly confirmed this restricted interpretation of citizenship in the so-called 'Slaughter-House cases' and in. The correct interpretation of the 14 th Amendment is that an illegal alien mother is subject to the jurisdiction of her native country, as is her baby. Thus, the completeness of their allegiance to the United States is impaired, which therefore precludes automatic citizenship. With illegal aliens who are unlawfully in the United States, their native country has a claim of allegiance on the child. The phrase "subject to the jurisdiction thereof" was intended to exclude American-born persons from automatic citizenship whose allegiance to the United States was not complete. This has long been a great desideratum in the jurisprudence and legislation of this country." It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. In 1866, Senator Jacob Howard clearly spelled out the intent of the 14 th Amendment by writing:Įvery person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. He also served on the Senate Joint Committee on Reconstruction, which drafted the Fourteenth Amendment to the United States Constitution. Senator Jacob Howard worked closely with Abraham Lincoln in drafting and passing the Thirteenth Amendment to the United States Constitution, which abolished slavery. But in 1868, the United States had no formal immigration policy, and the authors therefore saw no need to address immigration explicitly in the amendment. It was written in a manner so as to prevent state governments from ever denying citizenship to blacks born in the United States. The 14 th Amendment was ratified in 1868 to protect the rights of native-born Black Americans, whose rights were being denied as recently-freed slaves. Post-Civil War reforms focused on injustices to African Americans. borders are called anchor babies because under the 1965 immigration Act, they act as an anchor that pulls the illegal alien mother and eventually a host of other relatives into permanent U.S. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside."īabies born to illegal alien mothers within U.S.