You obviously don't get the point. What would happen if a twenty-five year person's mother turned out to be in the country illegally at the time of their birth? All those twenty five years they thought they were a citizen of the only country they have ever known. Would they no longer be a citizen? Would they be in this country illegally? What country would they "belong" to?
IMO, the 14th amendment should be looked at in historical contect. When you do, the answer is simple, No they should not be granted citizenship. I will say that in this example of yours a process to allow them to apply would be warrented. The parents, not so much.
The 14th Amendment to the United States Constitution - Fourteenth Amendment - anchor babies and birthright citizenship - interpretations and misinterpretations - US Constitution
"The United States did not limit immigration in 1868 when the Fourteenth Amendment was ratified. Thus there were, by definition, no illegal immigrants and the issue of citizenship for children of those here in violation of the law was nonexistent. Granting of automatic citizenship to children of illegal alien mothers is a recent and totally inadvertent and unforeseen result of the amendment and the Reconstructionist period in which it was ratified. "
In 1866, Senator Jacob Howard clearly spelled out the intent of the 14th Amendment by stating:
"Every 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. 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. 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 has long been a great desideratum in the jurisprudence and legislation of this country."
This understanding was reaffirmed by Senator Edward Cowan, who stated:
"[A foreigner in the United States] has a right to the protection of the laws; but he is not a citizen in the ordinary acceptance of the word..."
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. With illegal aliens who are unlawfully in the United States, their native country has a claim of allegiance on the child. Thus, the completeness of their allegiance to the United States is impaired, which therefore precludes automatic citizenship. "
"The correct interpretation of the 14th Amendment is that an illegal alien mother is subject to the jurisdiction of her native country, as is her baby. "
Hopefully, when the SC takes on immigration they will correctly rule that the parents native country applies to the offspring.
