Changes

How to deal with the children of illegal immigrants was not an issue in the era when the Fourteenth Amendment was enacted. The purpose of the amendment was to assure that former slaves were granted full civil rights, including the right to vote. Given this context, the phrase "subject to the jurisdiction thereof" can be interpreted to mean that the child cannot be considered a citizen of a foreign power and is thus under exclusive American jurisdiction.<ref>https://www.nationalreview.com/corner/donald-trump-end-birthright-citizenship-by-executive-order/</ref>

How to deal with the children of illegal immigrants was not an issue in the era when the Fourteenth Amendment was enacted. The purpose of the amendment was to assure that former slaves were granted full civil rights, including the right to vote. Given this context, the phrase "subject to the jurisdiction thereof" can be interpreted to mean that the child cannot be considered a citizen of a foreign power and is thus under exclusive American jurisdiction.<ref>https://www.nationalreview.com/corner/donald-trump-end-birthright-citizenship-by-executive-order/</ref>

In 1898, the U.S. Supreme Court cited the Fourteenth Amendment in the citizenship case of Wong Kim Ark, a child of legal Chinese immigrant parents who were never naturalized. The court was strongly divided and the vote was 6 to 2.<ref>The holding is, "A child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China but have a permanent domicile and residence in the United States and are there carrying on business and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States, by virtue of the Citizenship Clause of the Fourteenth Amendment."</ref> This is the only time the U.S. courts have considered the issue of birthright citizenship.

In 1898, the U.S. Supreme Court cited the Fourteenth Amendment in the citizenship case of Wong Kim Ark, whose Chinese immigrant parents were never naturalized. The vote was 6 to 2.<ref>The holding is, "A child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China but have a permanent domicile and residence in the United States and are there carrying on business and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States, by virtue of the Citizenship Clause of the Fourteenth Amendment."</ref>

There is a long tradition that children born to foreign diplomats while in the United States do not thereby become [[American]] citizens. American Indians were not granted citizenship by the Fourteenth Amendment, but rather by the Indian Citizenship Act of 1924.

Children born to foreign diplomats while in the United States do not thereby become [[American]] citizens. American Indians were not granted citizenship by the Fourteenth Amendment, but rather by the Indian Citizenship Act of 1924.

Some 380,000 children are born in the United States each year to illegal-alien mothers, according to U.S. Census data.<ref>[http://www.numbersusa.com/interests/birthrightcitizenship.htm Anchor Babies] NumbersUSA.com</ref> A 2017 [[Congressional Budget Office]] report estimated that 4.5 million '''anchor babies''' lived in the U.S.<ref>Binder, John (December 26, 2017). [https://www.breitbart.com/big-government/2017/12/26/cbo-at-least-4-5m-anchor-babies-in-u-s/ CBO: At Least 4.5M Anchor Babies in U.S.] ''Breitbart News''. Retrieved December 26, 2017.</ref> – even greater than the number of children born in the U.S. every year.<ref>Binder, John (December 28, 2017). [https://www.breitbart.com/big-government/2017/12/28/anchor-baby-population-in-u-s-exceeds-one-year-of-american-births/ Anchor Baby Population in U.S. Exceeds One Year of American Births]. ''Breitbart News''. Retrieved December 28, 2017.</ref>

Some 380,000 children are born in the United States each year to illegal-alien mothers, according to U.S. Census data.<ref>[http://www.numbersusa.com/interests/birthrightcitizenship.htm Anchor Babies] NumbersUSA.com</ref> A 2017 [[Congressional Budget Office]] report estimated that 4.5 million '''anchor babies''' lived in the U.S.<ref>Binder, John (December 26, 2017). [https://www.breitbart.com/big-government/2017/12/26/cbo-at-least-4-5m-anchor-babies-in-u-s/ CBO: At Least 4.5M Anchor Babies in U.S.] ''Breitbart News''. Retrieved December 26, 2017.</ref> – even greater than the number of children born in the U.S. every year.<ref>Binder, John (December 28, 2017). [https://www.breitbart.com/big-government/2017/12/28/anchor-baby-population-in-u-s-exceeds-one-year-of-american-births/ Anchor Baby Population in U.S. Exceeds One Year of American Births]. ''Breitbart News''. Retrieved December 28, 2017.</ref>