Supreme Court: Children of Illegal Aliens are not U.S. Citizens

On the very day Donald Trump became president again, he signed an executive order prospectively eliminating birthright citizenship for children born to aliens unlawfully present in the United States.

... Trump’s contention - that birthright citizenship is not possessed by children of illegal aliens under the “correct interpretation of the law” - is exactly right.

Birthright citizenship is conventionally understood to apply to any child born in the United States, regardless of the immigration status of that child’s parents. This view is based on the common law principle of jus soli ("right of soil"), which is said to be incorporated in the Citizenship Clause of the Fourteenth Amendment. This understanding of the Citizenship Clause, however, despite its prevalence in academia and political commentary, is based on a mistaken and incomplete reading of controlling Supreme Court precedent.

In fact, birthright citizenship, as provided for in the Citizenship Clause, as that clause has been authoritatively construed by the Supreme Court, is possessed only by children born in the United States to at least one parent who is lawfully residing in the United States...

The Court’s interpretation of the Citizenship Clause of the Fourteenth Amendment thus limits its application to children of aliens residing in the country with permission. This requirement implies that children born to foreign nationals living in the country without permission are not subject to its jurisdiction, and that mere tourists, since they are only visiting and do not reside here, also are not so subject. This crucial qualification of common law birthright citizenship by the requirements of both residence and permission therefore excludes from citizenship at birth children both of tourists and of those residing in this country without permission - that is, illegal aliens...

As it is currently applied, birthright citizenship not only returns us to a feudal past, but also undermines the ability of the people of the United States to set forth standards by which children born to foreign nationals may become citizens. It incentivizes “birth tourism” and mass illegal immigration, both of which treat the United States as a provider of material benefits rather than a political community towards which one owes allegiance and duties...

Anchor babies, birthright citizenship, and the 14th Amendment

Misinterpretation of the 14th Amendment to the US Constitution